UC-NRLF 


a*  *  -    * 

* 
* 


.  V- 


•    » 


STATUTES 


OF   THE 


STATE  OF  NEW-YORK 


RELATING  TO 


COMMON  SCHOOLS, 

INCLUDING 

TITLE  II.  OF  CHAPTER  XV.  PART  I.  OF  THE  REVISED  STATUTES, 

AS  AMENDED  BY  THE  ACT  CHAPTER  480,  LAWS  OF  1847. 
WITH 

FORMS  AND  REGULATIONS 

RESPECTING  PROCEEDINGS  UNDER  THOSE  STATUTES. 


Prepared  pursuant  to  the  directions  of  the  Legislature, 
BIT  THE  SUPERINTENDENT  OF  COHHJIOX  SCHOOLS. 


ALBANY: 

C.   VAN   BENTHUYSEN,   PUBLIC    PRINTER. 

1847. 


L  o 

Hh3 


JT7  This  pamphlet  will  be  transmitted  to  all  officers  charged  with  the  performance 
of  any  duty  under  the  acts  relating  to  Common  Schools,  and  will  be  received  by  them  in 
their  official  capacity.  It  thus  becomes  a  part  of  the  papers  and  documents  of  their 
office,  which  they  are  required  by  law  to  hand  over  to  their  successors. 


STATUTES 


RELATING  TO 


COMMON  SCHOOLS, 

INCLUDING 

TITLE  II.  CHAPTER  XV.  PART  I.  REVISED  STATUTES. 


[Pursuant  to  the  directions  of  the  148th  section  of  the  act  of  December  15th 
1847,  there  are  inserted  in  this  publication  of  the  second  title  of  chapter  15, 
all  acts  and  parts  of  acts  connected  with  the  subjects  of  the  said  title,  which 
are  now  in  force ;  and  where  the  provisions  of  that  title  have  been  altered 
by  subsequent  acts,  such  provisions  have  been  varied  m  order  to  conform 
them  to  such  alteration.  The  original  number  of  each  section  is  in  all  cases 
retained,  whether  it  wa-3  a  part  of  the  Revised  Statutes  or  was  taken  from 
some  session  law  passed  since  1828.  In  the  latter  case,  there  is  a  reference 
to  a  note  at  the  foot  of  the  page,  which  gives  the  particular  chapter  from 
which  the  section  is  taken,*  and  its  number  is  inclosed  within  brackets,  in 
order  to  designate  it  more  distinctly  from  the  sections  of  the  Revised  Stat- 
tues  which  are  printed  with  the  section  mark  only. 

To  facilitate  references  to  them,  the  sections  in  this  edition  are  also  num- 
bered continuously  from  the  first  to  the  last,  without  regard  to  the  statutes 
from  which  they  are  taken.  The  index  at  the  end,  ^fers  to  these  numbers.] 


TITLE  II. 

OF  COMMON  SCHOOLS. 

ART.  1. — Of  the  powers  and  duties  of  the  superintendent  of  common  schools, 
and  of  the  apportionment  of  school  moneys. 

ART.  2, — Of  the  distribution  of  the  common  school  fund. 

ART.  3. — Of  the  powers  and  duties  of  town  superintendents  of  common 
schools. 

ART.  4. — Of  inspection  and  supervision  by  town  superintendents. 

ART.  5. — Of  the  formation  and  alteration  of  school  districts;  the  powers  of 
school  district  inhabitants;  of  the  choice,  duties  and  powers  of 
school  district  officers;  the  assessment  and  collection  of  school 
district  taxes ;  the  annual  reports  of  trustees ;  school  district  li- 
braries. 

ART.  6. — Of  certain  duties  of  the  county  clerk. 

ART.  7. — Miscellaneous  provisions. 


4  POWERS  AND  DUTIES 

ARTICLE  FIRST. 

Of  the  Powers  and  Duties  of  the  Superintendent  of  Common 

Schools,  and  of  the  Apportionment  of  School  Moneys. 
Genera^          JVb.  1 — §  1.  There  shall  continue  to  be  a  superintendent  of 
superlnten-   common  schools,  whose  duty,  amongst  other  things,  it  shall 

be,  to  prepare  and  submit  an  annual  report  to  the  legislature 

containing, 

1.  A  statement  of  the  condition  of  the  common  schools  of 
the  state: 

2.  Estimates  and  accounts  of  expenditures  of  the  school 
moneys: 

3.  Plans  for  the  improvement  and  management  of  the  com- 
mon school  fund,  and  for  the  better  organization  of  the  com- 
mon schools  ;  and, 

4.  All  such  matters  relating  to  his  office,  and  to  the  com- 
mon schools,  as  he  shall  deem  expedient  to  communicate. 

General  JVb. 2 — [^  41  ]  The  superintendent  of  common  schools  may 

supXten-    designate  and  appoint  any  one  of  the  clerks  employed  by  him 

to  be  his  general  deputy,  who  may  perform  all  the  duties  of 

the  superintendent  in  case  of  his  absence  or  a  vacancy  in  his 

office.1 

visiters  of  JVb.  3 — [§  8.]  The  superintendent  of  common  schools  may 
SoSs"  appoint  such  and  so  many  persons  as  he  shall  from  time  to 
time  deem  necessary  3  to  visit  and  examine  into  the  condition 
of  the  common  schools  in  the  county  where  such  persons  may 
reside,  and  report  to  the  superintendent  on  all  such  matters 
relating  to  the  condition  of  such  schools,,  and  the  means  of 
improving  them,  as  he  shall  prescribe  ;  but  no  allowance  or 
compensation  shall  be  made  to  the  said  visiters  for  such  ser- 
vices.2 

superintend.      JVb.  4 — [§  10.  J  The  superintendent  of  common  schools, 
gXnTSrtia-  on  such  evidence  as  may  be   satisfactory  to  him,  may  grant 
mca»iou?ual~  certificates  of  qualification  under  his  hand  and  seal  of  office, 
which  shall  be  evidence  that  the  holder  of  such  certificate  is 
well  qualified  in  respect  to  moral  character,  learning  and  abili- 
ty, to  teach  any  district  school  within  this  state  ;  which  cer- 
tificate shall  be  valid  until  duly  revoked  by  the  superintend- 
ent.3 

Acts  of  su-       JVb.  5. — [§  7.]  Copies  of  papers  deposited  or  filed  in  the 
how^mhen-  office  of  the  superintendent  of  common  schools,  and  all  acts 
ticated.        ancj  decisions  by  him,  may  be  authenticated  under  the  seal  of 
the  office  of  secretary  of  state,  and  when   so  authenticated 
shall  be  evidence  equally,  and  in  like  manner  as  the  origi- 
nals.4 


(1)  Laws  of  1841,  chap.  260,  §  41.     (2)  Laws  of  1839,  chap.  330,  §  8. 
Laws  of  1843,  chap.  133,  §  10.    (4)  Laws  of  1839,  chap.  330,  §  7. 


OF  SUPERINTENDENT. 

JVb.  6 — §  2.  In  every  year,  immediately  following  a  year 
in  which  a  census  of  the  population  of  this  state  shall  have 
been  taken,  under  the  authority  of  the  state,  or  of  the  United 
States,  the  superintendent  shall  apportion  the  school  moneys 
to  be  annually  distributed  amongst  the  several  counties  of  the 
state,  and  the  share  of  each  county,  amongst  its  respective 
towns  and  cities. 

JVb.  7 — §  3.  Such  apportionment  shall  be  made  among  the 
several  towns  and  cities  of  the  state,  according  to  the  ratio 
of  their  population  respectively,  as  compared  with  the  pop- 
ulation of  the  whole  state,  according  to  the  last  preceding 
census. 

JVb.  8 — §5.  If  an  increase  of  the  school  moneys  to  be  increase, 
distributed,  shall  take  place  in  any  other  year,  than  one  im- 
mediately following  a  census,  the  superintendent  shall  appor- 
tion such  increase  amongst  the  severnl  counties,  cities  and 
towns,  according  to  the  ratio  of  the  apportionment  then  in 
force.1 

JVb.  9 — §  6.  When  the  census  or  returns,  upon  which  an  Proceeding 
apportionment  is  to  be  made,  shall  be  so  far  defective,  in  re-  ^f^thfe"8118 
spect  to  any  county,  city  or  town,  as  to  render  it  impractica- 
ble for  the  superintendent  to  ascertain  the  share  of  school 
moneys,  which  ought  then  to  be  apportioned  to  such  county, 
city  or  town.,  he  shall  ascertain,  by  the  best  evidence  in  his 
power,  the  facts  upon  which  the  ratio  of  such  apportion- 
ment shall  depend,  and   shall  mike  the  apportionment  ac- 
cordingly. 

JVb.  10 — §  7,  Whenever,  in  consequence  of  the  division  when  town 
of  a  town,  or  the  erection  of  a  new  town,  in  any  county,  the  ah 
apportionment  then  in  force  shall  become  unjust,  as  between 
two  or  more  of  the  towns  of  such  county,  the  superintendent 
shall  make  a  new  apportionment  of  the  school  moneys  next 
to  be  distributed  amongst  such  towns,  ascertaining  by  the 
best  evidence  in  his  power,  the  facts  upon  which  the  ratio 
of  apporfionment  as  to  such  towns,  shall  depend. 

JVb.  11 — §8.  The  superintendent  shall  certify  each  ap-  •Certificate 
portionment  made  by  him,  to  the  comptroller,  and  shall  give  *" 
immediate  notice  thereof,  to  the  clerk  of  each  county  inter- 
ested therein,  and  to  the  clerk   of  the  city  and  county  of 
New-York;  stating  the  amount   of  moneys  apportioned  to 
his  county,  and  to  each  town  and  city  therein,  and  the  time 
when   the  same  will  be  payable  to  the  treasurer   of  such 
county,  or  to  the  chamberlain  of  the  city  of  New- York. 

JVb.  12— §9.  The  superintendent  shall  prepare  suitable  Regulation* 
forms  and  regulations  for  making  all  reports,  and  conduct- &( 
ing   all   necessary  proceedings,   under  this  Title,  and  shall 

(1)  Amendatory  act  of  1830,  chap.  320,  §  5,  and  by  §  6  of  same  ch.  the  orig. 
§  4  is  repealed. 


6 


DISTRIBUTION  OF  THE 


Expenses 
how  paid. 


cause  the  same,  with  such  instructions  as  he  shall  deem  ne- 
cessary and  proper,  for  the  better  organization  and  govern- 
ment of  common  schools,  to  be  transmitted  to  the  officers 
required  to  execute  the  provisions  of  this  Title  throughout 
the  state. 

certain  ar*  JVo.  13 — §  10.  He  shall  cause  so  many  copies  of  the  first 
primed0 be  six  Articles  of  this  Title,  with  the  forms,  regulations  and 
instructions  prepared  by  him,  thereto  annexed,  to  be,  from 
time  to  t'me,  printed  and  distributed  amongst  the  several 
school  districts  of  the  state,  as  he  shall  deem  the  public  good 
to  require. 

JVb.  14 — §  11.  All  moneys  reasonably  expended  by  him, 
in  the  execution  of  his  duties,  shall,  upon  due  proof,  be  al- 
lowed to  ^him  by  the  comptroller,  and  be  paid  out  of  the 
treasury. 

ARTICLE   SECOND. 

Of  the  distribution  of  the  Common  School  Fund. 

JVo.  15 — ^  12.  The  sum  annually  to  be  distributed  for  the 
encouragement  of  common  schools,  shall  be  paid  on  the  first 
day  of  February,  in  every  year,  on  the  warrant  of  the  comp- 
troller, to  the  treasurers  of  the  several  counties,  and  the 
chambertain  of  the  city  of  New-York. 

JVb.  16 — ^  13.  The  treasurer  of  e~ch  county,  and  the 
chamberlain  of  the  city  of  New-York,  shall  apply  for  and 
receive  the  school  moneys  apportioned  to  their  respective 
counties,  as  soon  as  the  same  become  payable. 

JVb.  17 — §  14.  Each  treasurer  receiving  such  moneys, 
shall  give  notice  in  writing,  to  the  town  superintendent  or  to 
some  one  or  more  of  the  commissioners  of  common  schools 
of  each  town  or  city  in  his  county,  of  the  amount  appor- 
tioned to  such  town  or  city,  and  shall  hold  the  same  subject 
to  the  order  of  such  town  superintendent  or  commissioners. 

JVo.  18 — §  15.  In  case  the  commissioners  or  town  super- 
intendent of  any  such  city  or  town  shall  not  apply  for  and 
receive  such  moneys,  or  in  case  there  are  no  commission- 
ers or  town  superintendent  appointed  in  the  same,  be- 
fore the  next  receipt  of  moneys  apportioned  to  the  county, 
the  moneys  so  remaining  with  the  treasurer  shall  be  retained 
by  him,  and  be  added  to  the  moneys  next  received  by  him? 
for  distribution  from  the  superintendent  of  common  schools5 
and  be  distributed  therewith,  and  in  the  same  proportion. 

No.  19r-^  16.  Whenever  the  clerk  of  any  county  shall 
receive  from  the  superintendent  of  common  schools  notice  of 
the  apportionment  of  moneys  to  be  distributed  in  the  county, 
he  shall  file  the  same  in  his  office,  and  transmit  a  certified 
copy  thereof  to  the  county  treasurer,  and  to  the  clerk  of  the 


When  paid. 


Treasurer  to 
«PP«y. 


To  give 
notice. 


Moneys 
remaining, 
how  dis- 
posed of. 


County 
cierk. 


COMMON  SCHOOL  FUND. 

board  of  supervisors  of  the  county;  and  the  clerk  of  the 
board  of  supervisors  shall  lay  such  copy  before  the  supervi- 
sors at  their  next  meeting. 

JVo.  20— §  17.  It  shall  be  the  duty  of  the  supervisors,  at 
such  meeting,  and  at  every  annual  meeting  thereafter,  to  add 
to  the  sums  of  money  to  be  raised  on  each  of  the  towns  of 
the  county,  for  defraying  the  necessary  expenses  thereof,  a 
sum  equal  to  the  school  moneys  which  shall  have  been  ap- 
portioned to  such  town  ;  which  moneys,  so  added,  together 
with  the  fees  of  the  collector,  shall  be  levied  and  collected 
in  the  same  manner  as  other  moneys  directed  to  be  raised  in 
the  town. 

JVo.  21 — §  18.  The  supervisors  shall  cause  and  require  ib. 
the  collector  of  each  town,  by  their  warrant  to  him,  to  pay 
the  moneys  so  added,  when  collected,  retaining  his  fees  for 
collection,  to  the  superintendent  of  common  schools  in 
such  town,  for  the  use  of  common  schools  therein ; 
whose  receipt  therefor  shall  be  sufficient  evidence  of  such 
payment. 

JVb.  22 — §  19.  If  there  shall  not  be  any  superintendent  of  when 
common  schools  in  such  town  when  the  moneys  are  collect-  pHS£ 
ed,  the  collector  shall  pay  the  same,  retaining  his  fees  for surer- 
collection,  to  the  county  treasurer,  to  be  by  him  apportioned 
among  the  several  cities  and  towns  in  the  county,  and  dis- 
tributed in  the  manner  provided  in  the  fifteenth  section  of 
this  Title. 

JVo.  23 — [§  2.]  Whenever  any  board  of  supervisors  shall  Future 
hereafter  omit,  at  their  annual  meeting,  to  add  to  the  sums  hS^Tre-l 
of  money  to  be  raised  on  the  towns  of  their  county,  an  equal  medied- 
sum  to  that  apportioned  to  such  towns  by  the  superintendent 
of  common  schools  in  any  year,  it  shall  be  their  duty  to  hold 
a  special  meeting  for  the  purpose  of  adding  the  sum  that 
may  be  deficient,  whenever  it  can  be  done  in  time  to  allow 
such  deficient  sum  to  be  collected  with  the  other  taxes  of 
the  county  ;  and  such  special  meeting  shall  be  notified  by 
the  clerk  of  the  board  of  supervisors  on  receiving  notice  of 
the  deficiency  from  a  majority  of  the  board  of  supervisors  of 
said  county;  and  in  case  such  deficient  sum  shall  not  be  di- 
rected to  be  raised  at  a  special  meeting,  it  shall  be  the  duty 
of  the  supervisors  of  such  county,  at  their  next  annual  meet- 
ing, to  add  the  amount  of  such  deficiency  to  the  sums  to  be 
raised  on  each  of  the  towns  of  the  county ;  which,  with  the 
fees  of  collection,  shall  be  levied  and  collected  in  the  same 
manner  as  other  moneys  directed  to  be  raised  in  the  town, 
and  shall  be  apportioned  among  the  school  districts  therein 
according  to  law. 


8  ELECTION  AND  POWERS  OF 

sueprekrsv2or8       No.  24— [§  3.]  It  shall  be  the  duty  of  the  clerk  of  the 

\0  transmit  board  of  supervisors  in  each  county  in  this  state,  on  the  last 
day  of  December  in  each  year,  to  transmit  to  the  superin- 
tendent of  common  schools  certified  copies  of  all  resolutions 
and  proceedings  of  the  board  of  supervisors,  of  which  he  i^ 
clerk,  passed  or  had  during  the  preceding  year,  relating  to  the 
raising  of  any  money  for  school  or  library  purposes,  and  to 
report  particularly  the  amount  of  such  money  directed  to  be 
raised  in  each  town  of  such  county  •  and  in  case  it  shall  not 
appear  that  the  amount  required  by  law  to  be  raised  for  school 
and  library  purposes  has  been  directed  to  be  raised  during  the 
year  by  the  board  of  supervisors  of  any  county,  the  superin- 
tendent of  common  schools  and  the  comptroller  may  direct 
that  the  money  appropriated  by  the  state  and  apportioned  to 
sucn.  county,  be  withheld  until  the  amount  that  may  be  de- 
ficien-  shall  be  raised,  or  that  so  much  only  of  the  money  ap- 

froma  portioned  to  such  county  be  paid  to  the  treasurer  thereof,  as 
shall  be  equal  to  the  amount  directed  to  be  raised  therein  by 
the  supervisors  of  such  county  ;  and  in  such  case  the  balance 

HOW  applied  so  withheld  shall  be  added  to  the  principal  of  the  common 
school  fund. 

Of  the  Election  and  Powers  of  Town  Superintendents. 

Town  super-  JVo.  25 — §  1.  There  shall  continue  to  be  elected  in  each 
coramoT  °f  of  the  towns  in  this  State,  at  the  same  time,  and  in  the  man- 
schools  ner  now  provided  by  law  for  the  election  of  other  town  offi- 

when  elect-  f~,  .    J    .  .    .. 

ed.  cers,  an  officer  to  be  denominated  "  town  superintendent  of 

common  schools,"  who  shall  possess  all  the  powers  perform 
all  the  duties,  and  be  subject  to  all  the  restrictions,  liabilities 
and  penalties  conferred  and  imposed  by  this  act.1 
TermX         JVo.  26— §  2.  The  several  town  superintendents  in  office  when 
this  act  takes  effect,  elected  or  appointed  in   conformity  to 
existing  laws,  shall  continue  to  hold  their  respective  offices, 
and  discharge   the  duties  thereof  until  the  first  Monday  of 
November,  one  thousand  eight  hundred  and  forty-eight. 
Town  su-         JVo.  27 — ^  3.  The  town  superintendents  of  common  schools 
JjJJereaf .hereafter  to  be  elected  in  conformity  with  the  provisions  of 
ter  elected    this  act,  shall,  each  of  them,  on  or  before  the  first  Monday  of 
terupon  en"  November  succeeding  such  election,  execute  to  the  supervi- 
theirdmie*.  gor  Qf  j^g  town  anj  fije  with  the  town  clerk,  a  bond  with  one 
or  more  sufficient  sureties  to  be  approved  by  the  said  super- 
visor by  endorsement  over  his  signature  on  said  bond,  with  a 
penalty  in  double  the  amount  of  all  the  school  moneys  re- 
ceived by  his  town  from  all  sources  during  the  preceding  year 

(1)  This  and  the  following  sections,  except  where  otherwise  noticed  were 
taken  from  the  act  chapter  480  of  Laws  of  1847. 


TOWN  SUPERINTENDENTS.  9 

and  conditioned  for  the  faithful  application  and  legal  dis- 
bursement of  all  the  school  money  coming  into  his  hands  du- 
ring his  term  of  office,  and  for  the  faithtul  discharge  of  all 
the  duties  of  said  office;  and  in  case  such  bond  shall  not  be 
executed,  filed  and  approved  within  the  time  herein  prescrib- when  office 
ed.  the  office  of  such  town  superintendent  shall  be  deemed  deemed™ 

*  .  cant,  and 

vacant;  and  any  such  or  any   other  vacancy  that  may  occur  who  may 
in  said  office,  shall  be  filled  by  any  three  justices  of  the  peace  appouiu 
of  the  same  town  by  a  warrant  under  their  hands  and  seals, 
who  are  hereby  authorized  to  make  such  appointments  ;  and 
the  persons  so  appointed  shall  hold  their  respective  offices  un- 
til others  are  elected  or  appointed  in  their  pi  ces,  and  shall 
have  the  same  powers  and  be  subject  to  the  same  duties  and 
penalties  as  if  they  had  been  duly  chosen  by  the  electors. 

JVo.  28 — §4.   The  justices  making  the  said  appointment  justices  to 
shall  forthwith  cause  the  said  warrant  to  be  filed  in  the  office  |)|jecertifi" 
of  the  town  clerk  of  the  town,  and  give  immediate  notice  to 
the  person  appointed. 

JVo.  29 — §  5.  Every  town  superintendent  elected  after  this  Term  of 
act  takes  effect  shall  on  executing  the  bond  as  before  provided, office> 
enter  upon  the  duties  of  his  Faid  office  on  the  first  Monday  of 
November  succeeding  his  election,  and  shall  hold  his  office 
for  two  years  thereafter,  and  until  a  successor  who  shall  have 
been  duly  elected,  shall   have  taken   the  oath   of  office  and 
filed  an  official  bond  pursuant  to  the    provisions   of  this  act. 

JVo.  30 — §  6.  No  town  superintendent  of  a  town  shall  hold    . 
the  office  of  trustee  of  a  school   district,  nor   shall  a  person 
chosen  a  trustee,  hold  the  office  of  district  clerk,  and  no  town 
superintendent   shall  hold  the  office  of  either  supervisor  or 
town  clerk. 

No.  31 — f§  1.]  The  office  of  trustees  of  the  Gospel  and 
school  lots  in  the  several  towns  in  this  state,  is  hereby  abol-  power? of 
ished  ;  and  the  powers  and  duties  now  by  law  conferred  and  ^ 
imposed  upon  said  trustees,  shall  hereafter  be  exercised  by 
the  town  superintendent  of  common  schools.1 

JVo.  32— §  7.  The  third,  fourth,  fifth  and  sixth  articles  of  ti-  Articles  of 
tie  two,  chapter  fifteen,  part  first  of  the  Revised  Statutes,  enti-  R-s.  amend- 
tied  "  Of  public  instruction,"  shall  be  and  the  same  are  hereby  e 
amended  so  as  to  read  as  follows: 

(1)  Laws  of  1846,  chapter  186,  §  1. 


10  POWERS  AND  DUTIES  OF 

ARTICLE  THIRD. 

The  powers  and  duties  of  the  town  superintendent  of  common 

schools. 

Duties  of         JVo.  33 — §8.  It  shall  be  the  duty  of  the  town  superintendent 

town  super-     P  i         i      • 

intendeat*.    of  common  schools  m  each  town, 

1.  To  divide  the  town  into  a  convenient  number  of  school 
districts,  and  to  regulate  and  alter  such  districts  as  hereinafter 
provided: 

2.  To  set  off  by  itself  any  neighborhood   in  the  town  ad- 
joining to  any  other  state  of  this  Union,  where  it  has  been 
usual  or  shall  be  found  convenient  for  such  neighborhood  to 
send  their  children  to  a  school  in  such  adjoining  state: 

3.  To  describe  and  number  the  school  districts,  and  to  de- 
liver the  description  and  numbers  thereof,  in  writing,  to  the 
town  clerk,  immediately  after  the  formation  or  alteration 
thereof: 

4.  To  deliver  to  such  town   clerk  a   description   of  each 
neighborhood,  adjoining  to  any  other  state,  set  off  by  it- 
self: 

5.  To  apply  for  and  receive  from  the  county  treasurer  all 
moneys  apportioned  for  the  use  of  common  schools   in   his 
town,  and  from  the  collector  of  the  town,  all  moneys  raised 
therein  for  the  same  purpose,  as  soon  as  such  moneys  shall 
become  payable,  or  be  collected: 

6.  To  apponion  the  school  moneys  received  on  the  first 
Tuesday  of  April,  in  each  year,  among  the  several   school 
districts,  parts  of  districts  and  neighborhoods  separately  set  off, 
within  the  town,  in  proportion  to  the  number  of  children  re- 
siding in  each,  over  the  age  of  five  and  under  that  of  sixteen 
years,  as  the  same  shall  have  appeared  from  the  last  annual 
reports  of  their  respective  trustees: 

7.  If  the  town  superintendent  shall  have  received  the  school 
moneys  of  the  town,  and  all  the  reports  from   the  several 
school  districts  therein,  before  the  first  Tuesday  of  April,  he 
shall  apportion  such  moneys  as  above  directed,  within  ten 
days  after  receiving  all  of  the  said  reports  and  the  said  mo- 
neys: 

8.  To  sue  for  and  collect,  by  his  name  of  office,  all  penal- 
ties and  forfeitures  imposed  in  this  title,  and  in   respect   to 
which  no  other  provision  is  made,  which  shall  be  incurred  by 
any  officer  or  inhabitant   of  his  town,  and  after  deducting 
his  costs  and  expenses,  to  add  the  sums  recovered   to  the 
school  moneys  received  by  him,  to  be  apportioned  and  paid 
in  the  same  manner. 

when  mo-       JVo.   34 — §  9.  In  making  the  apportionment  of  moneys 
neyswjth-    among  ^ne  several  school  districts,  no  share  shall  be  allotted 


TOWN  SUPERINTENDENTS.  11 

to  any  district,  part  of  a  district,  or  separate  neighborhood, 
from  which  no  sufficient  annual  report  shall  have  been  re- 
ceived, for  the  year  ending  on  the  last  day  of  December,  im- 
mediately preceding  the  apportionment. 

JVo.  35 — §  10.  In  making  the  apportionment  of  public  mo-  Teachers> 
ney,  it  shall  be  the  duty  of  the  town  superintendent  to  desig-  and  library 

JJ  .  ..  P   ,         ,         ,  ,  ,.,  money  to  be 

nate  the  respective  proportions  of  teachers7  and  library  mo-  designated. 
ney  belonging  to  each  district,  and  to  pay  over  as  much  as 
is  designated  teachers'  money,  on  the  written  order  of  a  ma- 
jority of  th°  trustees  of  each  district,  to  the  teachers  entitled 
to  receive  the  same. 

JVo.  36 — §  11.  No  moneys  shall  be  apportioned  and  paid  to  When  ^^ 
any  district  or  part  of  a  district,  unless  it  shall  appear  by  such ; 
report  that  a  school  had  been  kept  therein  for  at  least  four 
months  during  the  year  ending  at  the  date  of  such  report,  by 
a  qualified  teacher ;  that  no  other  than  a  duly  qualified 
teacher  had  at  any  time  during  the  year  for  more  than  one 
month  been  employed  to  teach  the  school  in  said  district  ; 
and  that  all  moneys  received  during  that  year  have  been  ap- 
plied to  the  payment  of  the  compensation  of  such  teacher  ; 
and  no  portion  of  the  library  money  shall  be  apportioned  or 
paid  to  any  district  or  part  of  a  district,  unless  it  shall  appear 
from  the  last  annual  report  of  the  trustees  that  the  library 
money  received  at  the  last  preceding  apportionment  was  duly 
expended  according  to  law,  on  or  before  the  first  day  of  Oc- 
tober subsequent  to  such  apportionment. 

JVo.  37 — §  12.  No  teacher  shall  be  deemed  a  qualified  teach-  Who  deem~ 
er,  within  the  meaning  of  this  title,  who  shall  not  have  re-  J?8JJJ!lralified 
ceived,  and  shall  not   then  hold  a  certificate  of  qualification, 
dated  within  one  year,  from  the  town  superintendent  of  com- 
mon schools  for   the  town  in  which  such  teacher  shall  be 
employed. 

JVo.  38 — §  13.  No  part  of  such  moneys  shall  be  apportioned  when  mo- 
or paid  to  any  separate  neighborhood  adjoining  another  state,  jJeS™^ 
unless  it  shall  appear  from  the  report  of  its  trustees  that  all 
moneys  received  by  them  during  the  year  ending  at  the  date 
of  such  report  have  been  faithfully  applied,  in  paying  for 
the  instruction  of  children  residing  in  such  neighborhood. 

JVb.  39 — §  14.  Whenever  an  apportionment  of  the  public  Apportion* 
money  shall  not  be  made  to  any  school  district,  in  consequence  SS"^?^ 
of  any  accidental  omission  to  make  any  report  required  by  JJ^JJ-, 
law,  or  to  comply  with  any  other  provision  of  law,  or  any 
regulation,  the  state  superintendent  may  direct  an  apportion- 
ment to  be  made  to  such  district,  according  to  the  equitable 
circumstances  of  the  case,  to  be  paid  out  of  the  public  money 
on  hand  ;   or  if  the  same  shall  have  been  distributed,  out  of 
the  public  money  to  be  received  in  a  succeeding  year. 

JVb.  40 — §  15.  If  after  the  time  when  the  annual  reports 


12  POWERS  AND  DUTIES  OF 


memrio°dis.  ai%e  required  to  be  dated,  and  before  the  apportionment  of  the 

trict  altered  school  moneys  shall  have  been  made,  a  district  shall  be  duly 

Je'fSrt!"111  lal  altered,  or  a  new  district  be  formed  in  the  town,  so  as  to  ren- 

der an  apportionment  founded  solely  on  the  annual  reports, 

unjust,  as  between  two  or  more  districts  of  the  town,  the 

town   superintendent  shall   make  an  apportionment  among 

such  districts,  according  to  the  number  of  children  in  each, 

over  the  age  of  five,  and  under  sixteen  years,  ascertaining 

that  number  by  the  best  evidence  in  his  power. 

JVo.  41  —  6  16.  The  provisions  of  the  foregoing  section  shall 

Last  section  ,  ,*,  i      i-        •  i     11     i 

extended  to  extend  to  all  cases  where  a  school  district   shall   have  been 

ier  cases.  formec[  a^  sucn  time  previous  to  the  first  day  of  January,  as 

not  to<  have  allowed  a  reasonable  time  to  have  kept  a  school 

therein  for  the  term  of  four  months,  such  district  having  been 

formed  out  of  a  district  or  districts  in  which  a  school  shall 

have  been  kept  for  four  months  by  a  teacher  duly  qualified, 

during  the  year  preceding  the  first  day  of  January. 

Moneys  one      No.  42  —  §  17.  All  moneys  apportioned  by  the  town  super- 

handsinof      intend*  nt,  to  the  trustees  of  a  district,  part  of  a  district,  or 

town  super-  separate  neighborhood,  which   shall  have  remained   in   the 

hands  of  the  town  superintendent  for  one  year  after  such  ap- 

portionment, by  reason  of  the  trustees  neglecting  or  refusing 

to  receive  the  same,  shall  be  added  to  the  moneys  next  there- 

after to  be  apportioned   by   the   town  superintendent,   and 

shall  be  apportioned  and  paid  therewith  in  the  same  manner. 

when  re-        No.  43  —  §  18.  In  case  any  school  moneys  received  by  the 

turned  to      town  superintendent  cannot  be  apportioned  by  him,  for  the 

term  of  two  years,  after  the  same  are  received,  by  reason  of 

the  non-compliance  of  all  the  school  districts   in  his  town 

with  the  provisions  of  this  title,  such  moneys  shall  be  re- 

turned by  him  to  the  county  treasurer,  to   be  by  him  appor- 

tioned and  distributed,  together  and  in  the  same  manner  with 

the  moneys  next  thereafter  to  be  received  by  him  for  the  use 

of  common  schools. 

Annual  re-  JVb.  44  —  §  19.  It^hall  be  the  duty  of  the  town  sup  erin  tend  - 
ent  m  eacn  town,  between  the  first  day  of  July  and  the  first 
(]ay  of  August  in  each  year,  to  make  and  transmit  to  the 
county  clerk  a  report  in  writing,  bearing  date  on  the  first 
day  of  July,  in  the  year  of  its  transmission,  and  stating, 

1.  The  whole  number  of  school  districts  and  neighbor- 
hoods separately  set  off  within  the  town  : 

2.  The  districts,  parts  of  districts  and  neighborhoods  from 
which  reports  shall  have  been  made  to  him,  or  his  immediate 
predecessor  in  office,  within  the  time  limited  for  that  pur- 
pose : 

3.  The  length  of  time  a  school  shall  have  been   kept  in 
each  of  such  districts  or  parts  of  districts,  distinguishing 


TOWN  SUPERINTENDENTS.  13 

what  portion  of  that  time  the  school  shall  have  been  kept  by 
qualified  teachers  : 

4.  The  amount  of  public  moneys  received  in  each  of  such 
districts,  parts  of  districts  and  neighborhoods : 

5.  T^he  number  of  children  taught  in  each,  and  the  num- 
ber of  children  over  the  age  of  five  and  under  sixteen  years, 
residing  in  each : 

6.  The  whole  amount  of  moneys  received  by  him,  or  his 
predecessor  in  office,  during  the  year  ending  at  the  date  of 
such  report,  and  since  the  date  of  the  last  preceding  report ; 
distinguishing  the  amount  received  from  the  county  treasurer, 
from   the  town    collector,  and   from  any   other  and  what 
source : 

7.  The  manner  in  which  such  moneys  have  been  expend- 
ed, and  whether  any,  and  what  part  remains  unexpended, 
and  for  what  cause  : 

8.  The  amount  of  money  paid  for  teachers'  wages,  in  ad- 
dition to  the  public  money  paid  therefor,  the  amount  of  taxes 
levied  for  purchasing  school-house  sites,  for  building,  hiring, 
purchasing,  repairing  and  insuring  school-houses,  for  fuel 
and  supplying  deficiencies  in  rate  bills,  for  district  libraries, 
or  for  any  other  purposes  allowed  by  law,  in  the  districts, 
parts  of   districts  and  neighborhood's   from   which   reports 
shall  have  been  received  by  him  or  his  immediate  predeces- 
sor in  office,  with  such  other  information  as  the  state  super- 
intendent may  from   time  to  time  require,  in  relation  to  the 
districts  and  schools  within  his  town. 

JVc.  45 — §  20.  Town  superintendents  who  neglect  to  fur- Penalty  for 
nish  the  information  required  by  the  last  preceding  section, neglect' 
shall  severally  forfeit  to  the  town  for  the  use  of  the   com- 
mon  schools  therein,  the  sum  often  dollars,  to  be  sued  for 
by  the  supervisor  of  the  town. 

JVb.  46 — §21.  In  case  the  town  superintendent   in  any  county  cierk- 
town  shall  not,  on  or  before  the  first  day  of  August,  in  any  Jfcffveno" 
year,  make  such  report  to  the  clerk  of  the  county,  it  shall  be 
his  duty  to  give  immediate  notice  of  such  neglect  to  the 
clerk  of  such  town. 

JVo.  47 — §  22.  The  town  superintendent  neglecting  to  make  Forfeiture 
such  report  within   the  limited  period,  shall  forfeit  to  the  {J^^g 
town,  for  the  use  of  the  common  schools  therein,  the  sum  of 
ten  dollars;  and  the  share  of  school  moneys  apportioned  to 
such  town  for  the  ensuing  year,  may,  in  the  discretion  of 
the   state   superintendent    be  Withheld,  and   be  distributed 
among  the  other  towns  in  the  same  county,  from  which  the 
necessary  reports  shall  have  been  received.  Town  super. 

^  No.  48— §  23.  When  the  share  of  school  moneys  apjior- j^fSS" 
tioned  to  a  town,  shall  thus  be  lost  to  the  town,  by  the  neg-  |™etj.es  u- 
lect  of  its  town  superintendent,  the  town  superintendent  amount! 


14 


POWERS  AND  DUTIES,  &c. 


guilty  of  such  neglect,  and  his  sureties  shall  be  liable  for  the 
full  amount  so  lost  with  interest. 

supervisors  JVo.  49 — §  24.  It  shall  be  the  duty  of  the  supervisor  of 
the  town,  upon  notice  of  such  loss,  from  the  state  superin- 
tendent or  county  treasurer,  to  prosecute  without  delay,  in 
the  name  of  the  town,  for  such  forfeiture;  and  the  moneys 
recovered  shall  be  distributed  and  paid  by  such  supervisor  to 
the  several  districts,  parts  of  districts,  or  separate  neighbor- 
hoods of  the  town,  in  the  same  manner  as  it  would  have 
been  the  duty  of  the  town  superintendent  to  have  distributed 
and  paid  them,  if  received  from  the  county  treasurer. 

JVb.  50— §  25.  The  town  superintendent  in  each  town, 
shall  keep  a  just  and  true  account  of  all  school  moneys 
received  and  expended  by  him  during  each  year  for  which 
he  shall  have  been  chosen,  and  shall  lay  the  same  before  the 
board  of  auditors  of  town  accounts  at  the  annual  meeting  of 
such  board,  in  each  year. 

And  render       JVo.  51 — §  26.  The  town  superintendent  of  common  schools 
to  successors  in  each  town  sha]^  witnin  fifteen  days  after  the  termination 

of  his  office,  render  to  his  successor  in  office,  a  just  and' true 
account,  in  writing,  of  all  school  moneys  by  him  received, 
before  the  time  of  rendering  such  account,  and  of  the  man- 
ner in  which  the  same  shall  have  been  appropriated  and  ex- 
pended by  him;  and  the  account  so  rendered  shall  be  deliv- 
ered by  such  successor  in  office  to  the  town  clerk,  to  be  filed 
and  recorded  in  his  office. 

And  pay  ba-  JV*o.  52 — §  27.  On  rendering  such  account,  if  any  balance 
shall  be  found  remaining  in  the  hands  of  the  town  superin- 
tendent, the  same  shall  immediately  be  paid  by  him  to  his 
successor  in  office. 

KoTe1"       No.  53— §  28.  If  such  balance,  or  any  part  thereof,  shall 

paid  accord- have  been  appropriated  by  the  town  superintendent  to  any 
particular  school  district,  part  of  a  district  or  separate  neigh- 
borhood, and  shall  remain  in  his  hands  for  the  use  thereof, 
a  statement  of  such  appropriation  shall  be  made  in  the  ac- 
count so  to  be  rendered,  and  the  balance  paid  to  such  suc- 
cessor in  office,  shall  be  paid  over  by  him,  according  to  such 
appropriation. 

^*°*  ^ — §  29.  Such  successor  in  office  may  bring  a  suit 
in  his  name  of  office  for  the  recovery,  with  interest,  of  any 
unpaid  balance  of  school  moneys,  that  shall  appear  to  have 
been  in  the  hands  of  any  previous  town  superintendent  on 
leaving  his  office,  either  by  the  accounts  rendered  by  su.ch 
town  superintendent,  or  by  other  sufficient  proof,  and  in 
case  of  the  death  of  such  town  superintendent,  such  suit  may 
be  brought  against  his  representatives. 

corporation.  No.  55- — §  30.  The  town  superintendent  in  each  town, 
shall  have  the  powers  and  privileges  of  a  corporation,  so  far 


OF  INSPECTION  AND  SUPERVISION.  15 

as  to  enable  him  to  take  and  hold  any  property  transferred 

to  him  for  the  use  of  common  schools  in  such  town.  Pay  of  town 

JVb.  56 — §  31.  The  town  superintendent  shall  be  entitled  eats, 
to  receive  one  dollar  and  twenty-five  cents  per  day  for  every 
day  actually  and  necessarily  devoted  by  him  in  his  official 
capacity,  to  the  service  of  the  town  for  which  he  may  be 
chosen,  the  same  to  be  paid  in  like  manner  as  other  town 
officers  are  paid. 

Of  the  duty  of  town  clerks. 

JVb.  57 — §   32.  It  shall  be  the  duty  of  the  town  clerk  of  Duty  of  town 
each  town, 

1.  To  receive  and  keep  all  reports  made  to  the  town  su- 
perintendent from  the  trustees  of  school   districts,  and  all 
the  books  and  papers  belonging  to  the  town  superintendent, 
when  required,  and  to  file  them  in  his  office: 

2.  To  receive   all   his  estimates  and  apportionments    of 
school  money,  and  to  record  the  same  in  a  book  to  be  kept 
for  that  purpose: 

3.  To  notify  the  town  superintendent,  upon  receiving  no- 
tice from  the  county  clerk  that  he  has  not  made  his  annual 
report,  for  the  purpose  of  making  such  report. 

ARTICLE  FOURTH. 

Of  inspection  and  supervision  by  town  superintendents. 

JVb.  58— §  33.  The  town  superintendent  in  each  town  shall  who inspec. 
be  the  inspector  of  common  schools  therein. 

JVb.  59 — §  34.  It  shall  be  his  duty  to  examine  all  persons  Their  dmy 
offering  themselves  as  candidates  for  teaching  common  ^to  teach* 
schools  in  such  town. 

JVb.  60 — §  35.  In  making  such  examination,  it  shall  be  the    ib. 
duty  of  the  town   superintendent  to  ascertain  the  qualifica- 
tions of  the  candidate,  in  respect  to  moral  character,  learning 
and  ability. 

JVb.  61 — §  36.  If  he  shall  be  satisfied  in  respect  to  the  qua-    n»- 
lifications  of  the  candidate,  he  shall  deliver  to  the  person  so 
examined,  a  certificate  signed  by  him,  in  such  form  as  shall 
be  prescribed  by  the  state  superintendent. 

JVb.  62 — ^  37.  The  town  superintendent  may  annul  any  n>. 
such  certificate  given  by  him  or  his  predecessors  in  office, 
when  he  shall  think  proper,  giving  at  least  ten  days'  previ- 
ous notice  in  writing  to  the  teacher  holding  it,  and  to  the 
trustees  of  the  district  in  which  he  may  be  employed,  of  his 
intention  to  annul  the  same. 

JVb.  63 — §  38.  The  town  superintendent,  whenever  he  shall    Jb 
deem  it  necessary,  may  require  a  re- examination  of  all  or 


16  FORMATION  AND  ALTERATION 

any  of  the  teachers  in  his  town,  for  the  purpose  of  ascertain- 
ing their  qualifications  to  continue  as  such  teachers. 
n>.  JVo.  64— §  39.  The  annulling  of  a  certificate  shall  not  dis- 

qualify the  teacher  to  whom  it  was  given,  until  a  note  in 
writing  thereof,  containing  the  name  of  the  teacher,  and  the 
time  when  his  certificate  was  annulled,  shall  be  made  by  the 
town  superintendent,  and  filed  in  the  office  of  the  town 
clerk. 

JVb.  65 — §  40.  When  any  school  district  shall  be  composed 
of  parts  of  two  or  more  towns,  the  town  superintendent  of 
the  town  in  which  the  school  house  of  such  district  may  be 
situated,  shall  examine  into  and  certify  the  qualifications  of 
any  teacher  offering  to  teach  in  such  district,  in  the  same 
manner  as  is  provided  by  the  preceding  sections  of  this  arti- 
cle, and  may  also  in  the  same  manner  annul  the  certificate 
of  such  teacher;  and  no  school-house  shall  be  erected  so  as 
to  stand  on  the  Division  lines  of  any  two  or  more  towns. 
TO  visit  JVo.  66 — §41.  It  shall  be  the  duty  of  the  town  superin- 

schoois.  tendent  to  visit  all  such  common  schools,  within  his  town, 
as  sh-ill  be  organized  according  to  law,  at  least  twice  a  year, 
and  oftener  if  he  shall  deem  it  necessary. 

Must  exam-  JVb.  67 — §  42.  At  such  visitation,  the  town  superintendent 
shall  examine  into  the  state  and  condition  of  such  schools, 
both  as  respects  the  progress  of  the  scholars  in  learning,  and 
the  good  order  of  the  schools;  and  may  give  his  advice  and 
direction  to  the  trustees  and  teachers  of  such  schools  as  to 
the  government  thereof,  and  the  course  of  studies  to  be  pur- 
sued therein. 

ARTICLE  FIFTH. 

Of  the  formation  and  alteration  of  school  districts. 
When  super-      JVb.  68 — ^  43.  In  the  erection  or  alteration  of  a  school 

visor  and        ••..  ,,  >•       •  i/r»iii 

town  clerk  district,  the  trustees  of  any  district  to  be  affected  thereby, 
.  may  apply  to  the  supervisor  and  town  clerk  to  be  associated 
with  the  town  superintendent  ;  and  their  action  shall  be  final 
unless  duly  appealed  from;  the1  compensation  of  the  super- 
visor and  town  clerk  when  thus  associated,  shall  be  the  same 
as  that  of  the  town  superintendent. 

who  may        JVb.  69 — §  44.  Whenever  it  may  become  necessary  or  con- 

guStejoim6" venient    to  form   a  district  out  of  two  or  more  adjoining 

districts.       towns,  the   town  superintendent  of  each  of  such  adjoining 

towns,  or  the  major  part  of  them,  may  form,  regulate  and 

alter  such  district. 

aSnsntolter"      No  70— §  45.  No  alteration  of  any  school    district,  made 

take  effect    without  the  consent  of  the  trustees  thereof,  shall  take  effect 

until  three  months  after  notice,  in  writing,  shall  be  given  by 

the  town  superintendent,  to  some  one  or  more  of  such  trus- 


OF  SCHOOL  DISTRICTS.  17 

tees;  nor  shall  any  alteration  or  regulation  of  an  organized 
school  district  be  made  to  take  effect  between  the  first  day  of 
December  in  any  one  year,  and  the  first  day  of  May  follow- 
ing. 

JVb.  71 — §46.  If  the  town  superintendent  in  any  town,  Jointmeet 
shall  require  by  notice  in  writing,  the  attendance  of  the  i"?  of  town 
town  superintendents  of  any  other  town  or  towns,  at  a  joint  enS!™1 
meeting  for  the  purpose  of  altering  a  school  district  formed 
from  their  respective  towns,  and  a  major  part  of  the  town 
superintendents  notified  shall  refuse  or  neglect  to  attend,  the 
town  superintendents  attending,  by  a  majority  of  votes,  may 
call  a  special  district  meeting  of  such  district,  for  the  pur- 
pose of  deciding  on  such  proposed  alteration;  and  the  deci- 
sion of  such  meeting  shall   be  as  valid  as  if  made  by  the 
town  superintendents  of  all  the  towns  interested,  but  shall 
extend  no  further  than   to  dissolve  the  district  formed  from 
such  towns. 

JVo.  72 — §  47.  When  a  new  district  shall  be  formed  from  Aiteringdw. 
one  or  more  districts,  possessed  of  a  school  house,  and  in  tchooi  hoUM 
cases  where  any  district  irom  which  such  new  district  shall  ^C0'fdl8poa~ 
be  in  whole  or  in  part  formed,  shall  be  entitled  to  other  pro- 
perty than  its  school  house,  then  the  town  superintendent  of 
common  schools,  at  the  time  of  forming  such  new  district, 
shall  sell  at  public  auction  said  school  house  and  other  pro- 
perty belonging  thereto,  and  precede  the  sale   thereof  by 
printed  or  writen  notices,  to  be  posted  in  at  least  five  public 
places  in  the  district  interested  in  such  sale. 

JVo.  73 — §  48.  The  proceeds  of  such  sale  shall  be  divided  proceed* 
between  the  parts  of  said  district,  in   proportion  to  the  as-  i 
sessed  value  of  the  parts  respectively,  to  be  applied  by  them 
towards  the  erection  of  new  school  houses. 

JVb.  74 — §  49.  No  such  sale  shall  take  place  where  the  in-  when  sale 
habitants  of  the  several  parts  into  which  such  district  shall  ™™  be 
be  divided  at  a  special  meeting,  called  for  that  purpose,  shall 
agree  upon  a  division  of  such  .property  among  them. 

JVo.  75 — §  50.  When  two  or  more  districts  shall  be  consoli-  Effector 
dated  into  one,  the  new  district  shall  succeed  to  all  the  rights  J^™"^ 
of  property  possessed  by  the  districts  of  which  it  shall  be  ifoiiing dis- 
composed ;  and  when  a  district  is  annulled,  and  portions  of tn 
it  are  annexed  to  other  districts,  that  district  into  which  the 
school  house,  or  its  site  or  any  other  property  of  such  dis- 
solved district  may  fall,  shall  succeed  to  all  the  rights  of  the 
annulled  district  in  respect  to  such  property,  and  whenever 
two  or  more  districts  or  parts  of  districts  shall  be  united, 
and  there  shall  be  more  than  one  school  house  in  such  new 
or  altered  district,  the  trustees  of  such  district  may  sell  the 
site  and  buildings  thereon,  of  either  or  both  the  school  houses 
situated  in  such  new  district. 


18  POWERS  OF  INHABITANTS  AND 


No.  76  —  §  51.  In  cases  where  by  the  dissolving  a  district, 
its  school  house  or  other  property  shall  be  annexed  or  in- 
cluded in  another  district,  the  town  superintendent,  by  whose 
order  such  dissolution  was  effected,  shall  appraise  such  pro- 
perty in  the  manner  provided  by  law  in  cases  of  the  creation 
of  new  districts  ;  and  the  proportions  assigned  to  the  inha- 
bitants of  such  dissolved  district  who  are  not  annexed  to  the 
district  which  includes  the  school  house,  or  other  property, 
shall  be  raised  by  the  trustees  of  such  last  mentioned  district 
and  paid  over  to  the  trustees  of  the  district  to  which  such 
inhabitants  are  annexed,  in  the  same  manner  as  in  case  of. 
the  creation  of  a  new  district,  and  to  be  applied  to  the  same 
purpose. 

Moneys  of  No.  77  —  §  52.  When  there  shall  be  any  moneys  in  the  hands 
uch  district.  Of  tne  0fgcerS)  Of  a  district  that  is  or  may  be  annulled,  or 
belonging  to  such  district,  the  town  superintendent  of 
the  town  may  demand,  sue  for  and  recover  the  same,  in  his 
name  of  office,  and  shall  apportion  the  same  equitably  be- 
tween the  districts  to  which  the  several  portions  of  such 
annulled  district  may  have  been  annexed,  to  be  held  and 
enjoyed  as  district  property. 

Trustees  of  JVb.  78  —  §  53  .  Whenever  a  school  district  shall  be  dissolved 
diSumayby  consolidation,  or  otherwise,  it  shall  be  the  duty  of  the 
me  biHs'&c  trustees  °f  sucn  district  to  make  out  all  the  necessary  rate- 
bills  and  tax-lists,  and  issue  their  warrants  according  to  law, 
for  the  collection  of  all  such  sums  of  money  as  shall  be  neces- 
sary to  discharge  all  legal  lialilities  of  such  district  so  dis- 
solved or  consolidated,  and  to  call  special  meetings  of  the 
legal  voters  of  such  district,  if  it  be  necessary  ;  to  raise 
money  by  tax,  to  discharge  such  demands,  and  the  collector 
to  whom  any  such  rate-bill  or  tax-list  and  warrant  shall  be 
delivered  for  collection,  shall  have  power  to  execute  the 
same  in  the  same  manner  and  with  the  like  authority  as 
though  such  district  had  not  been  dissolved  or  consolidated. 

Of  the,  powers   of  school   district  inhabitants,  and  of  the 
choice,  duties  and  powers  of  school  district  officers. 

Town  super.  JVb.  79—  §  54.  Whenever  any  school  district  shall  be  formed 
in  any  town,  it  shall  be  the  duty  of  the  town  superintendent, 
within  twenty  days  thereafter,  to  prepare  a  notice  in  writing, 
describing  such  district,  and  appointing  a  time  and  place  for 
the  first  district  meeting,  and  to  deliver  such  notice  to  a  taxa- 
ble inhabitant  of  the  district. 

Notice  for        JVb.  80  —  §  55.  It  shall  be  the  duty  of  such  inhabitant  to  no- 

first  meelmg  tify  every  other  inhabitant  of  the  district,  qualified  to  vote  at 

district  meetings,  by  reading  the  notice  in  the  hearing  of  such 

inhabitantj  or  in  case  of  his  absence  from  home,  by  leaving 


DUTIES  AND  POWERS  OF  OFFICERS.  19 

a  copy  thereof,  or  of  so  much  thereof  as  relates  to  the  time 
and  place  of  such  meeting,  at  the  place  of  his  abode,  at 
least  six  days  before  the  time  of  the  meeting. 

•  JVo.  81 — §  56.  In  case  such  notice  shall  not  be  given,  or  the  when  to  be 
inhabitants  of  a  district  shall  refuse  or  neglect  to  assemble,  reaew*d- 
or  form  a  district  meeting,  when  so  notified  •  or  in  case  any 
such  district,  having  been  formed  and  organized  in  pursuance 
of  such  notice,  shall  afterwards  be  dissolved,  so  that  no  com- 
petent authority  shall  exist  therein,  to  call  a  special  district 
meeting  in  the  manner   hereinafter   provided  ;   such  notice 
shall  be  renewed  by  the  town  superintendent,  and  served  in 
the  manner  above  prescribed. 

JVb.  82 — §  57.  Every  taxable  inhabitant  to  whom  a  notice  of  Penalty  for 
a  district  meeting  shall  have  been  properly  delivered  for  ser-  Q° 
vice,  who  shall  refuse  or  neglect  to  serve  the  notice  in  the  * 

manner  above  in  this  article  enjoined,  shall  for  every  such 
offence  forfeit  the  sum  of  five  dollars. 

JVb.  83 — §  58.  Whenever  any  district  meeting  shall  be  call-  inhabitants 
ed,  in  the  manner  prescribed  in  the  preceding  sections  of  this  ^mSe?  *** 
article,  it  shall  be  the  duty  of  the  inhabitants  of  the  district, 
qualified  to  vote  at  district  meetings,  to  assemble  together  at 
the  time  and  place  mentioned  in  the  notice. 

JVb.  84 — §  59.  Every  male  person  of  full  age,  residing  in  Qualification 

any  school  district,  and  entitled  to  hold  lands  in  this  state,  who  ^hoofSs!" 

.  -i"  .  . 

owns  or  hires  real  property  in  such  district  subject  to  taxa- Jc^meel' 

tion  for  school  purposes,  and  every  resident  of  such  district 
authorized  to  vote  at  town  meetings  of  the  town  in  which 
such  district  or  part  of  district  is  situated,  and  who  has  paid 
any  rate-bill  for  teachers'  wages  in  such  district,  within  one 
year  preceding,  or  who  owns  any  personal  property  liable 
to  be  taxed  for  school  purposes  in  such  district,  exceeding 
fifty  dollars  in  value,  exclusive  of  such  as  is  exempt  from 
execution,  and  no  others,  shall  be  entitled  to  vote  at  any 
school  district  meeting  held  in  such  district. 

JVb.  85 — §  60.  If  any  person  offering  to  vote  at  any  school  challenge ; 
district  meeting,  shall  be  challenged  as  unqualified  by  any  *" 
legal  voter  in  such  district,  the  chairman  presiding  at  such 
meeting  shall  require  the  person  so  offering,  to  make  the  fol- 
lowing declaration  :    "  I  do  declare  and  affirm  that  I  am  an 
actual  resident  of  this  school  district,  and  that  I  am  qualified 
to  vote  at  this  meeting."     And  every  person  making  such 
declaration  shall  be  permitted  to  vote  on  all  questions  pro- 
posed at  such  meeting ;    but  if  any  person  shall  refuse  to 
make  such  declaration,  his  vote  shall  be  rejected. 

JVb.  86 — §  61.  Every  person  who  shall  wilfully  make 
false  declaration  of  his  right  to  vote  at  a  district  meeting,  upon  rauonT 
being  challenged  as  herein  before  provided,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punishable  by  imprisonment 


20  POWERS  OF  INHABITANTS  AND 

in  the  county  jail  for  a  term  not  exceeding  one  year,  nor  less 
•  than  six  months,  at  the  discretion  of  the  court ;  and  any  per- 

son voting  at  any  school  district  meeting  without  being  qua- 
lified, shall,  on  conviction,  be  subject  to  a  fine  of  ten  dollars? 
to  be  sued  for  and  recovered  by  the  trustees  of  the  district 
for  its  use,  and  with  costs  of  suit,  before  any  justice  of  the 
peace. 

Powersof        JVo.  87 — §  62.  The  inhabitants  so  entitled  to  vote,  when  so 
meeting.      assembled  in  such  district  meeting,  or  when  lawfully  assem- 
bled at  any  other  district  meeting,  shall  have  power,  by  a  ma- 
jority of  the  votes  of  those  present  : 

}.  To  appoint  a  chairman  for  the  time  being: 

2.  To  adjourn  from  time  to  time,  as  occasion  may  re- 
quire : 

3.  To  choose  a  district  clerk,  three  trustees,  a  district  col- 
lector, and  a  librarian  at  their  first  meeting,  and  as  often  as 
such  offices  or  either  of  them  become  vacated: 

4.  To  designate  a  site  for  a  district  school  house  : 

5.  To  lay  such  tax  on  the  taxable  inhabitants  of  the  dis- 
trict, as  the  meeting  shall  deem  sufficient  to  purchase  or  lease 
a  suitable  site  for  a  school  house,  and  to  build,  hire  or  pur- 
chase such  school  house,  and  to  keep  in  repair  and  furnish  the 
same  with  the  necessary  fuel  and  appendages: 

6.  To  alter,  repeal  and  modify  their  proceedings  from  time 
to  time  as  occasion  may  require: 

7.  To  vote  a  tax  for  the  purchase  of  a  book  for  the  pur- 
pose of  recording  the  proceedings  in  their  respective  dis- 
tricts: 

8.  With  the  consent  of  the  town   superintendent  of  the 
town,  to  designate  sites  for  two  or  more  school  houses,  for 
such  district,  and  lay  a  tax  on  the  taxable  property  in  such 
district^  to  purchase  or  lease  such  sites,  and  to  hire,  build  or 
purchase  such  school  houses,  and  to  keep  in  repair,  and  fur- 
nish the  same  with  necessary  fuel  and  appendages,  and  may 
also  in  their  discretion  lay  a  tax,  not  exceeding  twenty  dol- 
lars in  any  one  year,  to  purchase  maps,  globes,  black-boards, 
and  other  school  apparatus. 

Trustees  JVo.  88 — ^  63.  The  trustees  chosen  at  the  first  legal  meeting 
fo^JiSSd  of  any  school  district,  shall  be  divided  by  lot  into  three  classes, 
to  be  numbered,  one,  two  and  three  ;  the  term  of  office  of  the 
first  class  shall  be  one  year^of  the  second,  two,  of  the  third? 
three;  and  one  trustee  only  shall  thereafter  annually  be  elect- 
ed, who  shall  hold  his  office  for  three  years,  and  until  a  suc- 
cessor shall  be  duly  elected  or  appointed.  In  case  of  a  va- 
cancy in  the  office  of  either  of  the  trustees,  during  the  period 
for  which  he  or  they  shall  have  been  respectively  elected,  the 
person  or  persons  chosen  or  appointed  to  fill  such  vacancy 
shall  hold  the  office  only  for  the  unexpired  term, 


DUTIES  AND  POWERS  OF  OFFICERS.  21 

JVb   89 — §  64.  Every  notice  of  a  district  meeting  called  in  Contentsof 
pursuance  of  this  act  shall  state  the  purpose  for  which  such  notice, 
meeting  is  called. 

JVb.  90 — §  65.  In  each  school  district  an  annual  meeting 
shall  be  held  at  the  time  and  place  previously  appointed;  andmSU 
at  the  first  district  meeting,  and  at  each  annual  meeting,  the 
time  and  place  of  holding  the  next  annual  meeting  shall  be 
fixed. 

JVb.  91 — §  66.  Whenever  the  time  for  holding  annual  meet-  g    w 
ings  in  a  district  for  the  election  of  district  officers  shall  pass  meeting  for 
without  such  election  being  held,  a  special  meeting  shall  be  d 
notified  by  the  clerk  of  such  district  to  choose  such  officers ; c 
and  if  no  such  notice  be  given  by   him  or  the   trustees  last 
elected  or  appointed,  within  twenty  days  after  such  time  shall 
have  passed,  the  town  superintendent  or  town  clerk  may  or- 
der any  inhabitant  of  such  district  qualified  to  vote  at  district 
meetings,  to  notify  such  meeting  in  the  manner  provided  by 
law  in  case  of  the  formation  of  a  new  district ;  and  the  offi- 
cers chosen  at  any  such  special  meeting,  shall  hold  their  office 
until  the  time  for  holding  the  next  annual  meeting. 

JVb.  92— §  67.  When  the  clerk  and  all  the  trustees  of  a 
school  district  shall  have  removed  or  otherwise  vacated  their 
office,  and  where  the  records  of  a  district  shall  have  been  de- 
stroyed  or  lost,  or  where  trustees  neglect  or  refuse  to  callins8- 
meetings  to  choose  trustees,  the  superintendent  shall  have  au- 
thority to  order  such  meetings,  and  the  same  shall  be  notified 
in  the  manner  provided  by  law  in  the  case  of  the  formation 
of  new  districts. 

JVo.  93 — §  68.  When  in  consequence  of  the  loss  of  the  re-  when  iru*. 
oords  of  a  school  district,  or  the  omission  to  designate  the  day  S 7<xYJ^ 
for  its  annual  meeting,  there  shall  be  none  fixed,  or  it  cannot  jJJ£lmeet- 
be  ascertained,  the  trustees  of  such  district  may  appoint  a. day 
for  holding  the  annual  meeting  of  such  district. 

JVb.  94 — §  69.  A  special  meeting  shall  be  held  in  each  dis-  Special 
trict  whenever  called  by  the  trustees;  and  the  proceedings  of  meetin&8 
no  district  meeting,  annual   or  special,  shall  be  held  illegal 
for  want  of  a  due  notice  to  all  the  persons  qualified  to  vote 
thereat,  unless  it  shall  appear  that  the  omission  to  give  such 
notice  was  wilful  and  fraudulent. 

JVb.  95 — §  70.  No  tax  to  be  voted  by  a  district  meeting  for  Limitation  of 
building,  hirirg  or  purchasing  a  school  house,  shall  exceed  U^f 
the  sum  of  four  hundred  dollars,  unless  the  town  superintend-  house*, 
ent  of  the  town  in  which  the  school  house  is  to  be  situated, 
shall  certify  in  writing  his   opinion  that  a  larger  sum   ought 
to  be  raised,  and  shall  specify  the  sum;  in  which  case,  a  sum 
not  exceeding  the  sum  so  specified,  shall  be  raised  ;  and  in 
districts  composed  of  parts  of  several  towns,  the  certificate 


POWERS  OF  INHABITANTS  AND 


•uimen 


may  equal- 

lions  mUcer- 
tam  cases. 


e«  when  and 


of  a  major  part  of  the  superintendents  of  said  towns  shall  be 
necessary  for  such  purpose. 

^°'  96~  ^  71-  Whenever  a  majority  of  all  the  taxable  in- 
habitants  of  any  school  district,  to  be  ascertained  by  taking 
and  recording  the  ayes  and  noes  of  such  inhabitants  attend- 
ing at  any  annual,  special  or  adjourned  school  district  meet- 
ing legally  called  or  held,  shall  determine  that  the  sum  pro- 
posed and  provided  for  in  the  next  preceding  section,  shall 
be  raised  by  instalments  ;  it  shall  be  the  duty  of  the  trustees 
oi  such  district,  and  they  are  hereby  authorized  to  cause  the 
same  to  be  levied,  raised  and  collected,  in  equal  annual  in- 
stalments, in  the  same  manner,  and  with  the  like  authority 
that  other  school  district  taxes  are  raised,  levied  and  collected, 
and  to  make  out  their  tax  list  and  warrant,  for  the  collection 
of  such  instalments  as  they  become  payable  according  to  the 
vote  of  the  said  inhabitants  ;  but  the  payment  or  collection 
of  the  last  instalment  shall  not  be  extended  beyond  five  years 
from  the  time  such  vote  was  taken-  and  no  vote  to  levy  any 
such  tax  shall  be  reconsidered  except  at  an  adjourned  general 
or  special  meeting  to  be  held  within  thirty  days  thereafter, 
and  the  same  majority  shall  be  required  for  reconsideration 
as  is  required  to  levy  such  tax. 

JVo.  97  —  §  72.  In  every  case  where  a  district  embraces  a 
part  of  more  than  one  town,  the  town  superintendents  of  the 
towns  so  in  part  embraced,  upon  application  of  the  trustees 
of  sucn  districts,  or  of  those  persons  liable  to  pay  taxes  up- 
on real  property  therein,  shall  proceed  to  enquire  and  deter- 
mine whether  the  valuation  of  real  property  upon  the  several 
assessment  rolls  of  said  towns  are  substantially  just  as  com- 
pared with  each  other,  so  far  as  such  district  is  concerned, 
and  if  determined  not  to  be  so,  they  shall  determine  the  re- 
lative proportion  of  taxes  that  ought  to  be  assessed  upon  the 
real  property  of  the  parts  of  such  districts  so  lying  in  differ- 
ent towns,  and  the  trustees  of  such  district  shall  thereupon 
assess  the  proportion  of  any  tax  thereafter  to  be  raised  ac- 
cording to  the  determination  of  said  superintendents  until  the 
same  shall  be  altered  by  said  superintendents  upon  like  ap- 
plication, using  the  assessment  rolls  of  the  several  towns  to 
distribute  the  said  propoition  among  the  persons  liable  to  be 
assessed  for  the  same.  In  cases  where  two  superintendents 
shall  be  unable  to  agree,  they  shall  summon  a  superintend- 
ent from  some  adjoining  town,  who  shall  unite  in  such  inqui- 
ry and  determination. 

JVb.  98—  $  73.  Whenever  a  school  house  shall  have  been 
built  or  purchased  for  a  district,  the  site  of  such  school 
house  shall  not  be  changed,  nor  the  building  thereon  be  re- 
moved, as  long  as  the  district  shall  remain  unaltered,  unless 
by  the  consent,  in  writing,  of  the  town  superintendents  of 


DUTIES  AND  POWERS  OF  OFFICERS.  23 

common  schools,  of  the  town  or  towns  within  which  such 
district  shall  be  situated,  stating  that  in  their  opinion  such 
removal  is  necessary;  nor  then,  unless  a  majority  of  all  the 
taxable  inhabitants  of  said  district  to  be  ascertained  by  tak- 
ing and  recording  the  ayes  and  noes,  at  a  special  meeting 
called  for  that  purpose,  shall  be  in  favor  of  such  new  site. 

JYo.  99— §  74.  Whenever  the  site  of  a  school  house  shall 
have  been  changed  as  herein  provided,  the  inhabitants  of 
the  district  entitled  to  vote,  lawfully  assembled  at  any  dis- 
trict meeting,  shall  have  power  by  a  majority  of  the  votes 
of  those  present,  to  direct  the  sale  of  the  former  site  or  lot, 
and  ihe  buildings  thereon,  and  appurtenances,  or  any  part 
thereof,  at  such  price,  and  upon  such  terms  as  they  shall  deem 
most  advantageous  to  the  district;  and  any  deed  duly  exe-  ^^  there. 
cuted  by  the  trustees  of  such  di>trict,  or  a  majority  of  them,f°r- 
in  pursuance  of  such  direction,  shall  be  valid  and  effectual  to 
pass  all  the  estate  or  interest  of  such  school  district  in  the 
premises  intended  to  be  conveyed  thereby,  to  the  grantee 
named  in  such  deed;  and  when  a  credit  shall  be  directed  to 
be  given  upon  such  sale,  for  the  consideration  money,  or 
any  part  thereof,  the  trustees  are  hereby  authorized  to  take 
in  their  corporate  name,  such  security  by  bond  and  mort-  security  for 
gage,  or  otherwise,  for  the  payment  thereof,  as  they  shall  £ow 
deem  best,  and  shall  hold  the  same  as  a  corporation,  and  ac- 
count therefor  to  their  successors  in  office  and  to  the  district, 
in  the  manner  they  are  now  required  by  law  to  account  for 
moneys  received  by  them;  and  the  trustees  of  any  such  dis- 
trict for  the  time  being,  may  in  their  name  of  office,  sue  for 
and  recover  the  moneys  due  and  unpaid  upon  any  security 
so  taken  by  them,  or  their  predecessors  in  office,  with  inter- 
est and  cost. 

JVb.  100 — §  75.  All  moneys  arising  from  any  sale  made  in 
pursance  of  the  last  preceding  section,  shall  be  appropria- 
ted  to  the  payment  of  the  expenses  incurred  in  procuring  a 
new  site,  and  in  removing  or  erecting  a  school  house,  or 
either  of  them,  so  far  as  such  application  thereof  shall  be 
deemed  necessary. 

JVo.  101 — §  76.  The  clerk,  trustees,  collector  and  librarian  District  o 
of  each  school  district,  shall  hold  their  respective  offices  until cere- 
the  annual  meeting  of  such  district  next  following  the  time  of  Tenure, 
their  appointment,  and  until  others  shall  be  elected  in  their 
places. 

No.  102 — §  77.  In  case  the  office  of  trustee  shall  be  vaca- vacancies 
ted  by  the  death,  refusal  to  serve,  removal  out   of  the  dis-howfi" 
trict,  or  incapacity  of  any  such  officer,  and  the  vacancy  shall 
not  be  supplied   by  a   district  meeting  within  one  month 
thereafter,  the  town  superintendent  of  the  town  may  oppoint 
any  person  residing  in  such  district  to  supply  such  vacancy. 


24  POWERS  OF  INHABITANTS,  &c. 

fl,  No.  103 — §  78.  In  case  of  a  vacancy  in  the  office  of  school 

district  clerk,  collector  or  librarian,  for  any  of  the  causes 
mentioned  in  the  next  preceding  section,  such  vacancy  may 
be  supplied  by  appointment  under  the  hands  of  the  trustees 
of  the  district  or  a  majority  of  them,  and  the  persons  so  ap- 
pointed shall  hold  their  respective  offices  until  the  next  an- 
nual meeting  of  the  district,  and  until  others  are  elected  in 
their  places. 

Forfeitures.  JVo.  104 — §  79.  Every  person  duly  chosen  or  appointed  to 
any  such  office,  who,  without  sufficient  cause,  shall  refuse 
to  serve  therein,  shall  forfeit  the  sum  of  five  dollars;  and 
every  person  so  chosen  or  appointed,  and  not  having  re- 
fused to  accept,  who  shall  neglect  to  perform  the  duties  of 
his  office,  shall  forfeit  the  sum  of  ten  dollars. 

Resignation*  jf0  jQ5 — ^  gQ^  ^ny  person  chosen  or  appointed  to  an)  such 
office,  may  resign  the  same  by  presenting  his  resignation 
to  the  town  superintendent  of  the  town  where  such  officer 
shall  reside,  who  is  authorised  for  sufficient  cause  shown  to 
him,  to  accept  the  same,  and  the  acceptance  of  such  resigna- 
tion shall  be  a  bar  to  the  recovery  of  either  of  the  penalties 
mentioned  in  the  preceding  section.  The  town  superintend- 
ent accepting  the  resignation  shall  give  notice  thereof  to  the 
clerk,  or  to  one  of  the  trustees  of  the  school  district,  to 
which  the  officer  resigning  shall  belong. 

Dmyofdi*.       JVb.  106—^  81.  It  shall  be  the  duty  of  the  clerk  of  each 

ttict  clerk.          ,        ,    j.   ,    .    /  f 

school  district, 

1.  To  record  the  proceedings  of  his  district  in  a  book  to 
be  provided  for  that  purpose  by  the  district,  and   to  enter 
therein  true  copies  of  all  reports  made  by  the  trustees  of  his 
district,  to  the  town  superintendent. 

2.  To  give  notice  of  the  time  and  place  for  special  district 
meetings,  when  the  same  shall  be  called   by  the  trustees  of 
the  district,  to  each  inhabitant  of  :;uch  district  liable  to  pay 
taxes,  at  least  five  days  before  such  meeting  shall  be  held,  in 
the  manner  prescribed  in  the  fifty-fifth  section  of  this  act: 

3.  To  affix  a  notice  in  writing  of  the  time  and  place  for 
any  adjourned  district  meeting,  when  the  same  shall  be  ad- 
journed for  a  longer  time  than  one  month,  in  at  least  four  of 
the  most  public  places  of  such  district,  at  least  five  days  be- 
fore the  time  appointed  for  such  adjourned  meeting: 

4.  To  give  the  like  notice  of  every  annual  district  meet- 
ing: 

5.  To  keep   and  preserve  all  records,  books  and  papers; 
belonging  to  his  office,  and  to   deliver  the  same  to  his  suc- 
cessor in  office;  and  in  case  of  bis  neglect  or  refusal  so  to 
do,  he  shall  be  subject  to  a  fine  of  not  exceeding  fifty  dol- 
lars. 


DUTY  OF  TRUSTEES.  25 

Of  the  duty  of  trustees  of  school  districts. 

JVb.  107— §  82.   It  shall  be  the  duty  of  the  trustees  of  Duty  of  m»- 
every  school  district,  and  they  shall  have  power, 

1.  To  call  special  meetings  of  the  inhabitants  of  such  dis- 
tricts liable  to   pay  taxes,  whenever  they  shall   deem  it  ne- 
cessary and  proper: 

2.  To  give  notice  of  special,  annual  and  adjourned  meet- 
ings in  the  manner  prescribed  in   the  last  preceding  section, 
if  there  be  no  clerk  of  the  district,  or  he  be  absent  or  incapa- 
ble of  acting: 

3.  To  make  out  a  tax  list  of  every  district  tax,  voted  by 
any  such  meeting,   containing  the  names  of  all  the  taxable 
inhabitants  residing  in  the  district  at  the  time  of  making  out 
the  list,  and  the  amount  of  tax  payable   by  each  inhabitant^ 
set  opposite  to  his  name: 

4.  To  annex  to  such  tax  list  a  warrant,  directed  to  the 
collector  of  the  district,  for  the  collection   of  the  sums  in 
such  list  mentioned: 

5.  To   purchase    or  lease  a  site  for  the  district   school 
house,  as   designated   by  a  meeting  of  the   district,  and  to 
build,  hire  or   purchase,  keep  in   repair,   and  furnish  such 
school  house  with  necessary  fuel  and  appendages,  out  of  the 
funds  collected  and  paid  to  them  for  such  purposes: 

6.  To  have  the  custody  and  safe-keeping  of  the  district 
school-house  : 

7.  To  contract  with  and  employ  all  teachers  in  the  dis- 
tricts : 

8.  To  pay  the  wages  of  such  teachers  when  qualified,  oat 
of  the  moneys  which  shall   come   into  their  hands  from  the 
town  superintendents,  so  far  as  such  moneys  shall  be  suffi- 
cient for  that  purpose  ;  and   to  collect  the  residue  of  such 
wages,  excepting  such  sums  as  may  have  been  collected  by 
the  teachers,  from  all  persons  liable  therefor  : 

9.  To  divide  the  public  moneys  received  by  them,  when- 
ever authorized   by  a  vote  of  their  district,  into  not  exceed- 
ing two  portions  for  each  year  ;  to  assign  and  apply  one  of 
such  portions  to  each  term   during  which  a  school  shall  be 
kept  in  such  district,  for  the  payment  of  the  teacher's  wages 
during  such  term  ;  and  to  collect  the  residue  of  such  wages, 
not  paid  by  the  proportion  of  public  money  allotted  for  that 
purpose,  from  the  person  liable  therefor,  as  above  provided  : 

10.  To  exempt  from  the  payment  of  the  wages  of  teach- 
ers, either  in  part  or  \vholly,  such  indigent  persons  within 
the  district  as  they  shall  think  proper,  in  any  one  quarter  or 
term,  and  the  same  shall  be  a  charge  upon  such  district : 

11.  To  certify  such  exemptions  and  deliver  the  certificate 
thereof  to  the  clerk  of  the  district,  to  be  kept  on  file  in  his 
office  : 


26  ASSESSMENT  AND 

12.  To  ascertain  by  examination  of  the  school  lists  kept 
by  such  teachers,  the  number  of  days  for  which  each  person 
not  so  exempted  shall  be  liable  to  pay  for  instruction,  and 
the  amount  payable  by  each  person  : 

13.  To  make  out  a  rate  bill  containing  the  name  of  each 
person  so  liable,  and  the  amount  for  which  he  is  liable  ;  and 
to  annex  thereto  a  warrant  for  the  collection  thereof  : 

14.  To  deliver  such  rate  bill,  with  the  warrant  annexed, 
after  the  expiration  of  thirty  days  from  the   time  the  same 
shall  have  been  made  out  and  signed  by  them,  and  notices 
thereof  posted  as  provided  for  the  payment  and  collection  of 
district  taxes,  to  the  collector  of  the  district,  who  shall  exe- 
cute the  same  in  like  manner  with  other  warrants  directed  by 
such  trustees,  to  such  collector  for  the  collection  of  district 
taxes. 

Further  duty  JVb.  108 — §  83.  The  said  trustees,  after  such  rate  bill  and 
£s  !™r1ueS  warrant  shall  be  made  out  and  signed  as  herein  provided,  shall 
cause  notices  thereof  signed  by  them  to  be  posted  in  their 
district  as  directed  in  the  case  of  the  collection  of  district 
taxes,  and  it  shall  be  the  duty  of  the  said  trustees,  or  one  of 
them,  or  the  teacher  to  whom  the  moneys  in  such  rate  bill 
are  payable,  at  any  time  within  thirty  days  thereafter,  to  re- 
ceive payment  from  any  person  named  therein,  of  the  sum 
due  from  such  person,  and  the  same  proceedings  shall  be  had 
to  compel  and  enforce  the  payment  of  the  sums  of  money 
remaining  due  on  such  rate  bills  after  the  expiration  of  the 
said  thirty  days,  as  is  herein  provided  for  the  collection  of 
district  taxes,  and  the  collector  to  whom  any  such  rate  bill 
and  warrant  shall  be  delivered  for  collection  shall  possess  the 
same  power,  be  entitled  to  the  same  fees,  and  subject  to  the 
same  restrictions  and  liabilities  with  their  bail  and  sureties, 
as  by  this  title  is  provided  in  proceeding  to  collect  school 
district  taxes. 

Deficiencies      JVo.  109 — §  84.  Where  by  reason  of  the  inability  to  collect 
£[aiesbhowariy  tax  or  rate  bill,  there  shall  be  a  deficiency  in  the  amount 
to  be  raised.  raised,  the  inhabitants  of  the  district  in  district  meeting  shall 
direct  the  raising  of  a  sufficient  sum  to  supply  such  deficien- 
cy by  tax,  or  the  same  shall   be  collected  by  rate  bill,  as  the 
case  may  require. 

Of  the  assessment  and  collection  of  school  district  taxes. 

Trustees          «7Vb.  11° — ^  85  •  ^n  making  out  a  tax  list,  the  trustees  of 

h°wtopro-  school  districts  shall  apportion  the  same  on  all  the  taxable  in- 

ingomtax    habitants  of  the  district  or  corporations  holding    property 

therein,  according  to  the  valuations  of  the  taxable  property 

which  shall  be  owned  or  possessed  by  them  at  the  time  of 

making  out  such  list  within  such  district  or  partly  within  such 

district  and  partly  in  an  adjoining  district,  and  upon  all  real 


COLLECTION  OF  TAXES.  27 

estate  lying  within  the  boundaries  of  such  district,  the  own- 
ers of  which  shall  be  non-residents,  and  which  shall  be  liable 
to  taxation  for  town  or  county  purposes,  and  shall  be  situated 
within  three  miles  of  the  site  of  the  school-house  in  such 
distiict.  But  when  it  shall  be  ascertained  that  the  proportion 
of  any  tax  upon  any  lot,  tract  or  parcel  not  occupied  by  any 
inhabitant  would  not  amount  to  fifty  cents,  the  trustees  in 
their  discretion  may  omit  such  lot,  tract  or  parcel  from  the 
tax  list. 

No.  Ill — §  86.  Any  person  working  land  under  a  contract  certain  oc- 
for  a  share  of  the  produce  of  such  land,  shall  be  deemed  the  deemed  pc*- 
possessor,  so  far  as  to  render  him  liable  to  taxation  therefor, sessors 
in  the  district  where  such  land  is  situate. 

No.  112 — §  87.  Every  person  owning  or  holding  any  real  And  are  tax- 
property  within  any  school  district,  who  shall   improve  and3 
occupy  the  same  by  his  agent  or  servant,  shall,  in  respect  to 
the   liability  of  such  property  to  taxation,  be  considered  a 
taxable  inhabitant  of  such  district,  in  the  same  manner  as  if 
he  actually  resided  therein. 

.JVo.  113 — §  88.  Where  any  district  tax  for  the  purpose  of  Remedy  of 
purchasing  a  site  fora  school-house,  or  for  purchasing,  or  aegai2t  own- 
building,  keeping  in  repair,  or  furnishing  such  school-house  ers* 
with  necessary  fuel  and  appendages,  shall  be  lawfully  assessed 
and  paid  by  any  person,  on  account   of  any  real   property, 
whereof  he  is  only  tenant  at  will,  or  for  three  years,  or  for  a 
less  period  of  time,  such  tenant  may  charge  the  owner  of  such 
real  estate  with  the  amount  of  the  tax  so  paid  by  him,  unless 
some  agreement  to  the  contrary  shall  have  been  made  by  such 
tenant. 

No.  114 — 6  89.  When  any  real  estate  within  a  district,  so  Non-resident 

TII  •  in  i  «i          i   •  iii      'and to  b® 

liable  to  taxation,  shall  not  be  occupied  and  improved  by  the  described, 
owner,  his  servant  or  agent,  and  shall  not  be  possessed  by 
any  tenant,  the  trustees  of  any  district  at  the  time  of  making 
out  any  tax  list  by  which  any  tax  shall  be  imposed  thereon, 
shall  make  and  insert  in  such  tax  list  a  statement  and  de- 
scription of  every  such  lot,  piece  or  parcel  of  land  so  owned 
by  non-residents  therein,  in  the  same  manner  as  required  by 
law  from  town  assessors  in  making  out  the  assessment  roll 
of  their  towns  ;  and  if  any  such  lot  is  known  to  belong  to 
an  incorporated  company  liable  to  taxation  in  such  district, 
the  name  of  such  company  shall  be  specified,  and  the  value 
of  such  lot  or  piece  of  land  shall  be  set  down  opposite  to 
such  description,  which  value  shall  be  the  same  that  was  af- 
fixed to  such  lot  or  piece  of  land  in  the  last  assessment  roll 
of  the  town  ;  and  if  the  same  was  not  separately,  valued  in 
such  roll,  then  it  shall  be  valued  in  proportion  to  the  valua- 
tion which  was  affixed  in  the  said  assessment  roll  to  the 
whole  tract,  of  which  such  lot  or  piece  shall  be  a  part. 


28  ASSESSMENT  AND 

roiiee'ors'  No.  ^^  —  §  90.  If  any  tax  on  the  real  estate  of  a  non- 
duty  as  to  resident  mentioned  in  the  tax  list  delivered  to  the  collector 
*'  shall  be  unpaid  at  the  time  he  is  required  by  law  to  return 
his  warrant,  he  shall  deliver  to  the  trustees  of  such  district 
an  account  of  the  taxes  so  remaining  due,  containing  a  de- 
scription of  the  lots  and  pieces  of  'and  upon  which  any 
taxes  were  imposed  as  the  same  were  stated  in  his  tax  list 
together  with  the  amount  of  the  tax  assessed  on  each,  and 
upon  making  oath  before  any  justice  of  the  peace  or  judge 
of  any  court  of  record  that  the  taxes  mentioned  in  such  ac- 
count remain  unpaid,  and  that  after  diligent  efforts  he  has 
been  unable  to  collect  the  same,  he  shall  be  credited  by  said 
trustees  wifh  the  amount  thereof. 

JVb.  n6  —  §  91.  Whenever  the  trustees  of  any  school  dis- 
trict shall  receive  such  an  account  of  unpaid  taxes  from  any 
collector,  they  shall  compare  .the  same  with  the  original  tax 
list,  and  if  found  to  be  a  true  transcript,  they  shall  add  to 
such  account  a  certificate  to  the  effect  that  they  have  com- 
pared the  same  with  the  original  tax  list  and  found  it  to  be 
correct,  and  shall  immediately  transmit  such  account,  with 
the  affidavit  of  the  collector,  and  their  certificate  to  the 
treasurer  of  the  county. 

c<mnty  trea-  JVb.  117  —  §  92.  Out  of  any  moneys  in  the  county  treasu- 
ry, raised  for  contingent  expenses,  the  county  treasurer  shall 
pay  to  the  trustees  of  the  school  district  in  which  such  taxes 
were  imposed,  the  amount  thereof  FO  returned  as  unpaid. 

JVb.  1  18  —  §  93.  Such  account,  affidavit  and  certificate  shall 
be  laid,  by  the  county  treasurer,  before  the  board  of  super- 
visors of  the  county,  who  shall  cause  the  amount  of  such  un- 
paid taxes,  with  seven  per  cent  of  the  amount  in  addition 
thereto,  to  be  levied  upon  the  lands  of  non-residents  on 
which  the  same  were  imposed,  and  if  imposed  upon  the  lands 
of  any  incorporated  company,  then  upon  such  company,  in 
the  same  manner  that  the  contingent  charges  of  the  county 
are  directed  to  be  levied  and  collected,  and  when  collected 
the  same  shall  be  returned  to  the  county  treasury  to  reim- 
burse the  amount  so  advanced,  with  the  expense  of  col- 
lection. 

JVb.  119  —  $  94.   Any  person  whose  lands  are  included  in 
anv  sucn  account  may  pay  the  tax  assessed  thereon  to  the 
county  treasurer,  at  any  time  before  the  board  of  supervisors 
shall  have  directed  the  same  to  be  levied. 
Proceedings      «7Vb.  120  —  §  95.  The  same  proceedings  in  all  respects  shall 
t«  «o»eet.     be  had  for  the   collection  of  the  amount  so  directed  to  be 
raised  by  the  board  of  supervisors  as  are  provided  by  law  in 
relation  to  county  taxes;  and  upon  a  similar  account  as  in 
the  case  of  county  taxes  of  the  arrears  thereof  uncollected, 
being  transmitted  by  the  county  treasurer  to  the  comptroller, 


COLLECTION  OF  TAXES.  29 

the  same  shall  be  paid  on  his  warrant  to  the  treasurer  of  the 
county  advancing  the  same  ;  and  the  amount  so  assumed  by 
the  state  shall  be  collected  for  its  benefit,  in  the  manner  pre- 
scribed by  law  in  respect  to  the  arrears  of  county  taxes  upon 
lands  of  non-residents;  or  if  any  part  of  the  amount  so  as- 
sumed consisted  of  a  tax  upon  any  incorporated  company, 
the  same  proceedings  may  also  be  had  for  the  collection 
thereof  as  provided  by  law,  in  respect  to  the  county  taxes 
assessed  upon  such  company. 

JVo.  121 — ^  96.  The  valuations  of  taxable  property  shall  be  valuation* 
ascertained  so  far  as  possible,  from  the  last  assessment  roll  oft^neST*1 
the  town;  and  no  person  shall  be  entitled  to  any  reduction 
in  the  valuation  of  such  property,  as  so  ascertained  unless  he 
shall  give  notice  of  his  claim  to  such  reduction,  to  the  trus- 
tees of  the  district,  before  the  tax  list  shall  be  made  out. 

JVo.  122 — §  97.  fn  every  case  where  such  reduction  shall  Ib. 
be  duly  claimed,  and  in  every  case  where  the  valuation  of 
taxable  property  cannot  be  ascertained,  from  the  last  assess- 
ment roll  of  the  town,  the  trustees  shall  ascertain  the  true 
value  of  the  property  to  be  taxed,  from  the  best  evidence  in 
their  power,  giving  notice  to  the  persons  interested,  and  pro- 
ceeding in  the  same  manner  as  the  town  assessors  are  requir- 
ed by  law  to  proceed,  in  the  valuations  of  taxable  proper- 

ty-  ' 

JVb.  123 — §  98.  Every  taxable  inhabitant  of  a  district,  who  Exemption 
shall  have  been,  within   four   years,  set  off  from   any  other  cLet"*' 
district  without  his  consent,  and  shall,  within   that  period 
have  actually  paid  in  such  other  district,  under  a  lawful  as- 
sessment therein,  a  district  tax  for  building  a  school-house, 
shall  be  exempted  by  the  trustee's  of  the  district  where  he 
shall   reside,  from  the  payment  of  any  tax  for   building  a 
school  house  therein. 

JVo.  124 — §  99.  Every  district  tax  shall  be  assessed,  and  Time  when 
the  tax  list  thereof  be  made  out  by  the  trustees,  and  a  proper  b^ 
warrant  attached  thereto,  within  one  month  after  the  district 
meeting  in  which  the  tax  shall  have  been  voted;  and  when 
there  shall  be  a  tax  of  more  than  one  hundred  dollars,  it 
shall  be  the  duty  of  the  trustees  of  the  district  immediately 
thereafter  to  cause  notices  of  the  completion  thereof,  to  be 
posted  up  in  three  of  the  most  public  placesin  the  district,  and 
so  located  as  to  be  most  likely  to  give  notice  to  the  inhabit- 
ants thereof,  and  shall  designate  in  such  notices  a  convenient 
place  in  such  district,  where  the  said  trustees,  or  one  of 
them  will  attend  from  one  to  five  o'clock  in  the  afternoon, 
at  least  once  in  each  week  for  two  successive  weeks,  on  a 
day  also  to  be  specified  in  such  notice,  to  receive  payment  of 
the  taxes  mentioned  in  such  tax  list;  and  it  shall  be  the  duty 
of  the  said  trustees  or  one  of  them  to  attend  accordingly,  and 


30  ASSESSSMENT  AND 

any  person  may  pay  his  taxes  to  such  trustee  at  the  time  and 
place  designated,  or  at  any  other  time  and  place  to  any  trus- 
tee having  the  said  tax  list  and  warrant,  within  fifteen  days 
from  the  first  posting  of  the  said  notices. 

Tax  list  to        No.  125— §  100.  It  shall  be  the  duty  of  the  said  trustees 
Delivered  after  the  expiration   of  the  said  fifteen  days,  to  deliver  the 
rs'  said  tax  list  and  warrant  to  the  collector  of  the  district,  and 
such  collector  is  hereby  authorized  and  directed  to  proceed 
and  collect  the  unpaid  taxes  remaining  in  said  tax  lists,  in  the 
manner  provided  by  law,  and  shall  pay  over  to  the  said  trus- 
tees, all  the  moneys  collected  or  received  by  him  on  such  tax 
ihereoiy      list  within  thirty  days  from  the  time  of  the  receipt  of  such 
warrant  and  tax  list,  and  such  collector  shall  be  entitled  to 
receive  five  per  cent  fees  on  each  dollar  by  them  respectively 
collected,  which  said  fees  shall  be  collected  with  such  un- 
paid taxes  from  the  several  and  respective  persons  named  in 
said  tax  list. 

Forfeiture  No.  126 — §  101.  If  by  the  neglect  of  any  collector,  any 
neglect.  sc^00i  moneyS  snall  be  lost  toany  school  district,  which  might 
have  been  collected  within  the  time  limited  in  the  warrant  de- 
livered to  him  for  their  collection,  he  shall  forfeit  to  such  dis- 
trict the  full  amount  of  the  moneys  thus  lost,  and  shall  ac- 
count for  and  pay  over  the  same  to  the  trustees  of  such  dis- 
trict, in  the  same  manner  as  if  they  had  been  collected. 

^°'  127— §  l02-  For  tne  recovery  of  all  forfeitures,  and  of 
balances  in  the  hands  of  a  collector  which  he  shall  have 
neglected  to  pay  over,  the  trustees  of  the  district  may  sue 
in  their  name  of  office,  and  shall  be  entitled  to  recover  the 
same  with  interest  and  costs  ;  and  the  moneys  recovered 
shall  be  applied  by  them  in  the  same  manner  as  if  paid 
without  suit. 

of     JYo.  1 28-§  1 03.  Any  collector  to  whom  any  such  tax  list  and 
warrant  may  be  delivered  for  collection,  may  execute  the 
same  in  any  other  district  or  town  in  the  same  county,  or  in 
•  any  other  county,  where  the  district  is  a  joint  district,  and 

composed  of  territory  from  adjoining  counties,  in  the  same 
manner,  and  with  the  like  authority  as  in  the  district  in 
which  the  trustees  issuing  the  said  warrant  may  reside,  and 
for  the  benefit  of  which  said  tax  is  intended  to  be  collected, 
and  the  bail  or  sureties  of  any  collector  given  for  the  faithful 
performance  of  his  official  duties,  are  hereby  declared  and 
made  liable  for  any  moneys  received  or  collected  on  any  such 
tax  list  and  warrant,  and  may  be  prosecuted  for  the  recovery 
thereof. 

Blank  books      JVo.  129 — §  104.  It  shall  be  the  duty  of  the  trustees  of  school 

iuredby0"     districts,  to  procure  for  the  use  of  their  district,  two  bound 

trustees.      blank  books  from  time  to  time,  as  shall  be  necessary,  in  one 

of  which  the  accounts  of  all  moneys  received  and  paid  by 


COLLECTION  OF  TAXES  31 

the  trustees,  and  a  statement  of  all  moveable  property  be- 
longing to  the  district,  shall  be  entered  at  large,  and  signed 
by  such  trustees,  at  or  before  each  annual  meeting  in  such 
district.  In  the  other  of  the  said  books,  the  teachers  shall  j,e  registered 
enter  the  names  of  the  scholars  attending  school,  and  the 
number  of  days  they  shall  have  respectively  attended,  and 
also  the  days  on  which  such  school  shall  have  been  inspected 
by  the  town  superintendent ;  which  entries  shall  be  verified 
by  the  oath  or  affirmation  of  the  teachers,  and  shall  consti- 
tute ihe  list  on  which  rate  bills  shall  be  apportioned.  The 
said  books  shall  be  preserved  by  the  trustees  as  the  property 
of  the  district,  and  shall  be  delivered  to  their  successors. 

JVo.  130— §  105.  Where  the  necessary  fuel  for  the  school 
any  district  shall  not  be  provided,  by  means  of  a  tax  on  the 
inhabitants  of  the  district,  it  shall  be  the  duty  of  every  person 
sending  a  child  to  the  school,  to  provide  his  just  proportion 
of  such  fuel. 

JVo.  131— §  106.  The  proportion  of  fuel  which  every 
sending  children  to  the  school,  shall  be  liable  to  provide,  mined, 
shall  be  determined  by  the  trustees  of  the  district,  according 
to  the  number  of  children  sent  by  each ;  but  such  indigent 
persons  as  in  the  judgment  of  the  trustees,  shall  be  unable  to 
provide  the  same,  shall  be  exempted  from  such  liability. 

JVo.  132 — §  107.  If  any  person  liable  to  provide  such  fuel,  when  trus- 
shall  omft  to  provide  the  same,  on  notice  from  any  one  of  such  S  a°ndUr" 
trustees,  it  shall  be  the  duty  of  the  trustees  to  furnish 
fuel;  and  to  charge  the  person  so  in  default  the  value  of  the 
fuel  so  furnished. 

JVo.  133— §  108  Such  value  may  be  added  to  the  rate  bill  of   Ib. 
the  moneys  due  for  instruction,  and  may  be  collected  there- 
with, and  in  the  same  manner ;  or  the  trustees  may  sue  for 
and  recover  the  same,  in  their  own  names,  with  costs  of  suit. 

JVb.  134 — §  109.  When  the  trustees  of  any  school  district  certain 
are  required  or  authorized  by  law,  or  by  vote  of  their  district,  Jj-l«"g[8tJ!r{)e 
to  incur  any  expense  for  such  district,  and  when  any  expenses  raised  by 
incurred  by  them  are  made  by  express  provision   of  law  atiu 
charge  upon  such  district,  they  may  raise  the  amount  thereof 
by  tax  in  the  same  manner  as  if  the  definite  sum  to  be  raised 
had  been  voted  by  a  district  meeting,  and  the  same  shall  be 
collected  and  paid  over  in  the  same  manner. 

JVo.  135 — §  110.  The  warrant  issued  and  annexed  to  any  tax  Warrant, 
list  or  rate  bill,  shall  be  under  the  hands  of  the  trustees  of 
the  district  or  a  majority  of  them,  and  it  shall  not  be  neces- 
sary for   the  said  trustees  to   affix   their  seals  to  any  such 
warrant. 

JVb.  !36-§  111.  The  warrants  issued  by  the  trustees  of  school  Manner  of 
districts  for  the  collection  of  any  district  tax  authorized  to  JJEfng1*1 
be  levied,  raised  and  collected  by  this  title,  or  for  the  collec-  taxes- 


32  REPORTS  OF  TRUSTEES, 

tion  of  any  district  school  rate  bill  shall  have  the  like  force 
and  effect  as  warrants  issued  by  boards  of  supervisors  of 
counties  to  collectors  of  taxes  in  towns  ;  and  the  collector 
to  whom  any  such  warrant  may  be  delivered  for  collection 
is  hereby  authorized  and  required  to  collect  from  every  per- 
son in  such  tax  list  or  rate  bill  named,  the  sum  therein  set 
opposite  to  his  name,  or  the  amount  due  from  any  person  or 
persons  specified  therein,  in  the  same  manner  that  collectors 
are  authorized  to  collect  town  and  county  charges. 
Trustees  JY*o.  J  37 — §  112.  If  the  sum  or  sums  of  money,  payable  by 

mav  renew  '       .  .  ,.  ,.,,       ,    •/,17  r    •  ,  .". 

warrants  or  any  person  named  in  such  tax  list  or  rate  bill,  shall  not  be  paid 
by  nim?  or  collected  by  such  warrant  within  the  time  therein 
limited,  it  shall  and  may  be  lawful  for  the  trustees  to  renew 
such  warrant,  in  respect  to  such  delinquent  person ;  or  in 
case  such  person  shall  not  reside  within  their  district,  at  the 
time  of  making  out  a  tax  list  or  rate  bill,  or  shall  not  reside 
therein  at  the  expiration  of  such  warrant,  and  no  goods  or 
chattels  can  be  found  therein  whereon  to  levy  the  same  ;  the 
trustees  may  sue  for  and  recover  the  same,  in  their  name  of 
office. 

Error  in  tax  JVb.  138 — §  113.  Whenever  the  trustees  of  any  school  dis- 
biiu  how6  trict  shall  discover  any  error  in  a  tax  list  or  rate  bill  made  out 
«onected.  ^y  theni)  they  may  with  the  approbation  and  consent  of  the 
state  superintendent,  after  refunding  any  amount  that  may 
have  been  improperly  collected  on  such  tax  list  or  rate  bill, 
if  the  same  shall  be  required,  amend  and  correct  such  tax 
list  or  rate  bill,  in  conformity  to  law  ;  and  whenever  more 
than  one  renewal  of  a  warrant  for  the  collection  of  any  tax 
list  or  rate  bill,  may  become  necessary  in  any  district,  the 
trustees  may  make  such  further  renewal,  with  the  written 
approbation  of  the  town  superintendent  of  the  town  in  which 
the  school  house  of  said  district  shall  be  located,  to  be  en- 
dorsed upon  such  warrant. 

proceedings  JVb.  139 — §  1 14.  If  the  moneys  apportioned  to  a  district  by 
-  the  town  superintendent  shall  not  have  been  paid,  it  shall  be 
^e  ^uty  °f tne  trustees  thereof,  to  bring  a  suit  for  the  recov- 
ery of  the  same,  with  interest,  against  the  town  superintendent 
in  whose  hands  the  same  shall  be,  or  to  pursue  such  other 
remedy  for  the  recovery  thereof,  as  is  or  shall  be  given  by 
law. 

Of  the  annual  reports  of  trustees,  their  duties  and  liabilities. 

Annual  re.       JVb.  140 — §  115.  The  trustees  of  each  school  district  shall, 
fees30     ls"  between  the  first  and  fifteenth  days  of  January,  in  every  year, 
make  and  transmit  a  report,  in  writing,  to  the  town  superin- 
tendent for  such  town,  dated  on  the  first  day  of  January,  in 
the  year  in  which  it  shall  be  transmitted. 


DUTIES  AND  LIABILITIES.  33 

JVb.  141 — §116.  Every  such  report,  signed  and  certified  by  Howmade< 
a  majority  of  the  trustees  making  it,  shall  be  delivered  to  the 
town  superintendent,  and  shall  specify, 

1.  The  whole  time  any  school  has  been  kept  in  their  dis- 
trict during  the  year  ending  on  the  day  previous  to  the  date  i»  comenw. 
of  such  report,  and   distinguishing  what  portion  of  the  time 

such  school  has  been  kept  by  qualified  teachers  : 

2.  The  amount  of  moneys  received  from  the  town  super- 
intendent during  such  year,  and  the  manner  in  which  such 
moneys  have  been  expended  : 

3.  The  number  of  children  taught  in  the  district  during 
such  year,  and  the  name  and  age  of  each  child  : 

4.  The  name  and  age  of  each  child  residing  in  the  district  on 
the  last  day  of  December  previous  to  the  making  of  such  re- 
port, over  the  age  of  five  years,  and  under  sixteen  years  of  age, 
(except  Indian  children  otherwise  provided  for  by  law,)  and 
the  names  of   the  parents  or  other  persons  with  whom  such 
children  shall  respectively  reside,  and  the  number  of  chil- 
dren residing  with  each  : 

5.  The  amount  of  money  paid  for  teachers'  wages,  in  ad- 
dition to  the  public  money  paid  therefor,  the  amount  of  taxes 
levied  in  said  district  for  purchasing  school-house  sites,  for 
building,  hiring,  purchasing,  repairing  and  insuring  school- 
houses,  for  fuel,  for  supplying  deficiencies  in  rate  bills,  for 
district  libraries,  or  for  any  other  purpose  allowed  by  law, 
and  such  other  information  in  relation  to  the  schools  and  the 
districts  as  the  superintendent  of  common  schools  may  from 
time  to  time  require. 

JVb.  142— §  117.  It  shall  be  not  lawful  for  the  trustees  of  any  Paupers  and 
school  district  to  include  in  their  annual  returns  the  names  JJJJSJJ8  ^fy. 
of  any  children  who  are  supported  at  a  county  poor-house,  Wr  {JJ^JJJJJ 
orphan  asylum. 

JVo.  143-§  118.  The  annual  reports  of  trustees  of  school  dis-  children  to 
tricts,  of  children  residing  in  their  district,  shall  include  all  £?  JS^ 
over  five  and   under  sixteen  years  of  age,  who  shall,  at  thep°rtsoftrus- 
date  of  such  report,  actually  be  in   the  district,  composing  a  * 
part  of  the  family  of  their  parents  or  guardians,  or  employ- 
ers, if  such  parents,  guardians,  or  employers  reside  at   the 
time  in  such  district,  although  such  residence  be  temporary, 
but  such  report  shall   not  include  children  belonging  to  the 
family  of  any  person  who  shall  be  an  inhabitant  of  any  other 
district  in  this  state,  in  which  such  children  may  by  law  be 
included  in  the  reports  of  its  trustees. 

JVb.  344 — §  119.  The  trustees  of  school  districts  shall  not  Indian  chii- 
enumerate  and   include  in  their  annual  reports  any  Indian  be 
childreri  residing  on   Indian   reservations  where  schools  are 
taught. 

3 


34  REPORTS  OF  TRUSTEES, 

children  en-      No.  145 — §  120.  All  children  included  in  the  reports  of  the 
Schools'  *rustees  °f  any  new  scno°l  district  shall  be  entitled  to  attend 
*'  the  schools  of  such  district  ;  and  whenever  it  shall  be  neces- 
sary for  the  accommodation  of  the  children  in  any  district, 
the  trustees  thereof   may   hire,  temporarily,  any   room   or 
rooms  for  the  keeping  of  schools  therein,  and  the  expense 
thereof  shall  be  a  charge  upon  such  district. 

District  «^o.  146 — §  121.  Where  a  school  district  is  formed  out  of 

t'wTor1  m™ two  or  more  adjoining  towns,  it  shall  be  the  duty  of  the  trus- 
towns  how  tees  of  such  district  to  make  and  transmit  a  report  to  the  town 
superintendent  for  each  of  the  towns  out  of  which  such  dis- 
trict shall  be  formed,  within  the  same  time,  and  in  the  same 
manner,  as  is  required  by  sections  one  hundred  and  fifteen  y 
and  one  hundred  and  sixteen  of  this  act ;  distinguishing  the 
number  of  children  over  the  age  of  five  and  under  sixteen* 
years,  residing  in  each  part  of  a  district  which  shall  be  in  a 
different  town  from  the  other  parts,  and  the  number  of  chil- 
dren taught, and  the  amount  of  school  moneys  received  from 
each  part  of  the  district. 

Separate  No.  147 — §  122.  Where  any  neighborhood  shall  be  set  off 
hooS,b°how  kv  itself,  the  inhabitants  of  such  separate  neighborhood  shall 
to  report,  annually  meet  together  and  choose  one  trustee;  whose  duty  it 
shall  be  every  year,  within  the  time  limited  for  making  dis- 
trict reports,  to  make  and  transmit  a  report  in  writing,  bear- 
ing date  on  the  first  day  of  January,  in  the  year  in  which  it 
shall  be  transmitted  to  the  town  superintendent  of  the  town 
from  which  such  neighborhood  shall  be  set  off,  specifying 
the  number  of  children  over  the  age  of  five  and  under  six- 
teen years,  residing  in  such  neighborhood,  the  amount  of 
moneys  received  from  the  town  superintendent  since  the 
date  of  last  report,  and  the  manner  in  which  the  same  has 
been  expended. 

penalty  for  ^0.  148 — §  123.  Every  trustee  of  a  school  district,  or  sepa- 
faise  report,  rate  neighborhood,  who  shall  wilfully  sign  a  false  report  to  the 
town  superintendent  of  his  town,  with  the  intent  of  causing 
such  town  superintendent  to  apportion  and  pay  to  his  dis- 
trict or  neighborhood,  a  larger  sum  than  its  just  proportion 
of  the  school  moneys  of  the  town,  shall  for  each  offence,  for- 
feit the  sum  of  twenty-five  dollars,  and  shall  also  be  deemed 
guilty  of  a  misdemeanor. 

Pro  n  of  ^Ot  -^ — ^  ~^*  ^  property  now  vested  in  the  trustees  of 
ditneShow  ai*y  school  district,  for  the  use  of  schools  in  the  district,  or 
ldd|  which  may  be  hereafter  transferred  to  such  trustees  for  that 

purpose,  shall  be  held  by  them  as  a  corporation. 

JVo.  150 — ^  125.  The  trustees  of  each  school  district  shall, 

account  an-  once  in  each  year  render  to  the  district,  at  its  annual  district 

nuaiiy.        meeting,  a  just  and  true  account  in  writing,  of  all  moneys 

received  by  them  respectively  for  the  use  of  their  district ; 


DUTIES  AND  LIABILITIES.  3& 

and  of  the  manner  in  which  the  same  shall  have  been  ex- 
pended, which  account  shall  be  delivered  to  the  district 
clerk,  and  be  filed  and  recorded  by  him. 

JVo.  151 — ^  126.  Any  balance  of  such  moneys,  which  shall  Balance  paid 
appear  from  such  account  to  remain  in  the  hands  of  the^i"0" 
trustees,  or  either  of  them,  at  the  time  of  rendering  the  ac- 
count, shall  immediately  be  paid  to  some  one  or  more  of 
their  successors  in  office. 

JVo.  152 — §  127.  Every  trustee  who  shall  refuse  or  neglect  Forfeiture 
to  render  such  account,  or  to  pay  over  any  balance  so  found for  n«elect- 
in  his  hands,  shall  for  each  offence  forfeit  the  sum  of  twen- 
ty-five dollars. 

JVo.  153 — §  128.  It  shall  be  the  duty  of  his  successors  in  How  pro8e. 
office  to  prosecute,  without  delay,  in  their  name  of  office,  forcuted- 
the  recovery  of  such  forfeiture  ;  and  the  moneys  recovered 
shall  be  applied  by  them  to  the  use  and  benefit  of  their  dis- 
trict schools. 

JVo.  154 — §  129.  Such  successors  shall  also  have  the  same  re-  Remedy 
medies  for  the  recovery  of  any  unpaid  balance  in  the  hands 
of  a  former  trustee,  or  his  representatives,  as  are  given  to 
the  town  superintendent  against  a  former  town  superintend- 
ent and  his  representatives  ;  and  the  moneys  recovered  shall 
be  applied  by  them  to  the  use  of  their  district,  in  the  same 
manner  as  if  they  had  been  paid  without  suit. 

JVo.  155 — §  130.  Every  trustee  of  a  school  district  who  Trustee  in 
shall,  while  in  office,  neglect  or  refuse  annually  to  render  an  andCeby°w 
account  of  the  moneys  received  by  him  as  such  trustee,  shall 
for  each  offence  forfeit  the  sum  of  twenty  five  dollars;  and  itneglee'r 
shall  be  the  duty  of  the  town  superintendent  of  the  town  in 
which  such  trustee  may  reside,  to  prosecute,  without  delay, 
in  his  name  of  office,  for  the  recovery  of  such  forfeiture  ;  and 
the  moneys  recovered  shall  be  applied  by  such  superintend- 
ent to  the  use  and  benefit  of  the  district  school  of  the  district 
to  which  such  defaulting  trustee  shall  belong. 

JVb.  I5(i — §  131.  Such  town  superintendent  shall  also  haveRemedy   to 
the  same  remedies  for  the  recovery  of  any  unpaid  balance  of  J°t^des^er~ 
moneys,  in  the  hands  of  such  delinquent  trustee,  in  office,  as 
are  given  to  the  town   superintendents  in   office,  against  a 
former  town  superintendent;  and  the  moneys  recovered  shall 
be  applied  by  such  town   superintendent  to  the  use   of  the 
district  to  which  the  same  may  belong,  and  be  paid  over  to 
the  trustee  or  trustees  of  such  district,  who  are  not  in  de- 
fault. 

JVo.  157 — §  132.  Any  person  conceiving  himself  aggrieved  Appeals  to 
in  consequence  of  any  decision  made:  Sof'com- 

1.  By  any  school  district  meeting: 

2.  By  the  town  superintendent  in  the  forming  or  altering, 


36  DISTRICT  LIBRARIES. 

or  in  refusing  to  form  or  alter  any  school  district,  or  in  re- 
fusing to  pay  any  school  moneys  to  any  such  district: 

3.  By  the  trustees  of  any  district,  in  paying  any  teacher, 
or  refusing  to  pay  him,  or  in  refusing  to  admit  any  scholar 
gratuitously  into   any  school: 

4.  Or  concerning  any  other  matter  under  the  present  title 
may  appeal  to  the  superintendent,  who  is  hereby  authorized 
and  required  to  examine  and  decide  the  same,  and  the  decis- 
ion of  the  state  superintendent  shall  be  final  and  Conclusive. 

Of  school  district  libraries. 

school  dis-  ^°'  158~' ^  133>  The  taxable  inhabitants  of  each  school  dis- 
trk5t°°iibrSy.  trict  in  the  state,  shall  have  power  when  lawfully  assembled 
at  any  district  meeting,  to  lay  a  tax  on  the  district  not  ex- 
ceeding ten  dollars  in  any  one  year,  for  the  purchase  of  a 
district  library,  consisting  of  such  books  as  they  shall  in 
their  district  meeting  direct,  and  such  further  sum  as  they 
may  deem  necessary  for  the  purchase  of  a  book  case:  The 
intention  to  propose  such  tax,  shall  be  stated  in  the  notice 
required  to  be  given  of  such  meeting. 

JVb.  159— §  134.  The  clerk  of  the  district,  or  such  other 
person  as  the  taxable  inhabitants  may  at  their  annual  meet- 
ing designate  and  appoint  by  a  majority  of  votes,  shall  be 
the  librarian  of  the  district,  and  shall  have  the  care  and  cus- 
tody of  the  library,  under  such  regulations  as  the  inhabitants 
may  adopt  for  his  government. 

Taxes  ^o.  160 — §  135.  The  taxes  authorized  by  the  foregoing- 

section  to  be  raised,  shall   be  assessed  and  collected  in  the 
same  manner  as  a  tax  for  building  a  school  house. 

Librar  ^  16.1~ $  l36'  The  sum  of  ^fty-five  thousand  dollars,  to- 

fund&ry  gether  with  an  equal  sum  to  be  raised  in  the  towns,  and 
directed  to  be  distributed  to  the  several  school  districts  of 
this  state,  by  the  fourth  section  of  chapter  two  hundred  and 
IL  thirty-seven,  of  the  laws  of  eighteen  hundred  and  thirty- 
eight,  shall  continue  to  be  applied  to  the  purchase  of  books 
lor  a  district  library,  until  otherwise  directed  ;  but  whenever 
the  number  of  volumes  in  the  district  library  of  any  district, 
numbering  over  fifty  children  between  the  ages  of  five  and 
sixteen  years,  shall  exceed  one  hundred  and  twenty-five  ;  or 
of  any  district  numbering  fifty  children  or  less,  between  the 
said  ages,  shall  exceed  one  hundred  volumes,  the  inhabitants 
of  the  district  qualified  to  vote  therein,  may,  at  a  special  or 
annual  meeting  duly  notified  for  that  purpose,  by  a  majority 
of  votes,  appropriate  the  whole,  or  any  part  of  the  library 
money  belonging  to  the  district  for  the  current  year,  to  the 
purchase  of  maps,  globes,  black-boards,  or  other  scientific 
apparatus,  for  the  use  of  the  school:  And  in  every  district 
having  the  required  number  of  volumes  in  the  district  libra- 


DISTRICT  LIBRARIES.  37 

ry,  and  the  maps,  globes,  black-boards,  and  other  apparatus 
aforesaid,  the  said  moneys,  with  the  approbation  of  the  state 
superintendent,  may  be  applied  to  the  payment  of  teachers' 
wages. 

JVo.  162 — §  137.  The  trustees  of  every  school  district  shall  Who  trug_ 
be  trustees  of  the  library  of  such  district;  and  the  property  teesofiibra- 
of  all  books  therein,  and  of  the  case  and  other  appurtenan-  "e 
ces  thereof,  shall  be  deemed  to  be  vested  in  such  trustees,  so 
as  to  enable  them  to  maintain  any  action  in  relation  to  the 
same:  It  shall  be  their  duty  to  preserve  such  books  and 
keep  them  in  repair;  and  the  expenses  incurred  forihat  pur- 
pose, may  be  included  in  any  tax  list  toi  be  made  out  by 
them  as  trustees  of  a  district,  and  added  to  any  tax  voted  by 
a  district  meeting,  and  shall  be  collected  and  paid  over  in  the 
same  manner:  The  librarian  of  any  district  library  shall  be 
subject  to  the  directions  of  the  trustees  thereof,  in  all  mat- 
ters relating  to  the  preservation  of  the  books  and  appurte- 
nances of  the  library,  and  may  be  removed  from  office  by 
them  for  wilful  disobedience  of  such  directions,  or  for  any 
wilful  neglect  of  duty. 

JVo.  163 — §  138.  Trustees  of  school  districts  shall  be  liable  Liability  of 
to  their  successors  for  any  neglect  or  omission,  in  relation  to  trl 
the  care  and  superintendence  of  district   libraries,  by  which 
any  books  therein  are  lost  or  injured,  to  the  full  amount  of 
such  loss  or  injury  in  an  action  on  the  case,  to  be  brought  by         % 
such  successors  in  their  name  of  office. 

No.  164 — §  139.  A  set  of  general  regulations  respecting  the  Regulations 
preservation  of  school  district  libraries,  the  delivery  of  them  tbe^ 
by  librarians  and  trustees  to  their  successors  in  office,  the  use 
of  them  by  the  inhabitants  of  the  district,  the  number  of  vol- 
times  to  be  taken  by  any  one  person  at  any  one  time  or  du- 
ring any  term,  the  periods  of  their  return,  the  fines  and  pen- 
alties that  may  be  imposed  "by  the  trustees  of  such  libraries 
for  not  returning,  for  losing  or  destroying  any  of  the  books* 
therein,  or  for  soiling,  defacing,  or  injuring  them,  and  the 
conditions  upon  which  any  school  district  may  apply  the  li- 
brary money  to  the  payment  of  teachers'  wages,  may  be 
framed  by  the  state  superintendent,  and  printed  copies  there- 
of shall  BeTurnished  to  each  school  district  of  the  state  ; 
which  regulations  shall  be  obligatory  upon  all  persons  and 
officers  having  charge  of  such  libraries,  or  using  or  possess- 
ing any  of  the  books  thereof:  Such  fines  may  be  recovered 
in  an  action  of  debt,  in  the  name  of  the  trustees  of  any  such 
library,  of  the  person  on  whom  they  are  imposed,  except 
such  person  be  a  minor;  in  which  case  they  may  be  recov- 
ered of  the  parent  or  guardian  of  such  minor,  unless  notice 
in  writing  shall  have  been  given  by  such  parent  or  guardian 
to  the  trustees  of  suxih  library,  that  they  will  not  be  respon- 


38  DISTRICT  LIBRARIES. 

sible  for  any  books  delivered  such  minor:  And  persons  with 
whom  such  minors  reside  shall  be  liable  in  the  same  manner 
and  to  the  same  extent,  in  cases  where  the  parent  of  such 
minor  does  not  reside  in  the  district. 

Appeals  to  No.  165 — §  140.  Any  person  conceiving  himself  aggrieved 
superimen-  by  any  act  or  decision  of  any  trustees  of  school  districts, 
concerning  district  libraries,  or  the  books  therein,  or  the  use 
of  such  books,  or  of  any  librarian,  or  of  any  district  meeting 
in  relation  to  their  school  library,  may  appeal  to  the  state 
superintendent  in  the  same  manner  as  provided  by  law. 
joint  libra-  JVb.  166 — §  141.  The  legal  voters  in  any  two  or  more  ad- 
o^moredis-  j°inmg  districts  may,  in  such  cases  as  may  be  approved  by 
trie*.  the  town  superintendent,  unite  their  library  moneys  and  funds 
as  they  shall  be  received  or  collected,  and  purchase  a  joint 
library  for  the  use  of  the  inhabitants  of  such  districts,  which 
shall  be  selected  by  the  trustees  thereof,  or  by  such  persons 
as  they  shall  designate,  and  shall  be  under  the  charge  of  a 
librarian  to  be  appointed  by  them  ;  and  the  foregoing  pro- 
visions of  this  act  shall  be  applicable  to  the  said  joint  libra- 
ries, except  that  the  property  in  them  shall  be  deemed  to  be 
vested  in  all  the  trusfees,  for  the  time  being,  of  the  districts 
so  united.  And  in  case  any  such  district  shall  desire  to  di- 
vide such  library,  such  division  shall  be  made  by  the  trustees 
of  the  two  districts  whose  libraries  are  so  united,  and  in  case 
they  cannot  agree,  then  such  division  shall  be  made  by  the 
town  superintendent. 

when  No.  167 — §  142.  Where,  by  reason  of  the  non-compliance 

beSfwith1.    with  tne  conditions  prescribed  by  law,  the  library  money 
held  state     shall  be  withheld  from  any  school  district,  the  same  may  be 
dem  may  di- distributed  among  other  districts  complying  with  such  condi- 
Jncatlon?p"  tions,  or  may  be  retained   and  paid  subsequently  to  the  dis- 
trict from  which  the  same  was  withheld,  as  shall  be  di- 
rected by  the  state  superintendent  according  to  the   circum- 
•stances  of  the  case. 

when  state     No.  168-§  143.  The  state  superintendent  whenever  request- 
supennten-   e(j  ^y  (jjg  trustees  of  a  school  district,  under  the  directions 

dent  may  se-  ^  ....  , . 

lect  libra-  of  the  legal  voters  .01  such  district,  may  select  a  library  for 
their  use,  and  cause  the  same  to  be  delivered  to  the  clerk  of 
the  county  in  which  such  district  is  situated,  at  its  ex- 
pense. 


DUTIES  OF  COUNTY  CLERKS.  39 

ARTICLE  SIXTH, 

Of  certain  duties  of  the  county  clerks. 

SEC.  172.— County  clerk  to  report  to  the  superintendent  of  common  schools*, 
what,  and  when. 

SEC.  173.— Forfeiture  for  neglecting  it. 

SEC.  174. — Who  to  prosecute  for  it,  and  where  paid  when  recovered. 

SEC.  175. — Duty  of  county  clerk  when  commissioners  [town  superinten- 
dents] do  not  report. 

JVb.  169— §  172.  [§  112J.  It  shall  be  the  duty  of  eachTo  transmit 
county  clerk,  between  the  first  day  of  August  and  the  first  school  re- 
day  of  October,  in  every  year,  to  make  and  transmit  to  the*** 
superintendent  of  common  schools,  a  report  in  writing,  con- 
taining the  whole   number  of  towns  in  his  county,  distin- 
guishing the  towns  from  which  the  necessary  reports  have 
been  made  to  him   by  the  town  superintendent  of  common 
schools,  and  containing  abstracts  of  all   such  reports  in  such 
form  as  the  state  superintendent  shall  direct.     [Amended  by 
^3  of  chap.  358,  of  1847.  | 

JVb,  170— §  173.  [§  113}.  Every  clerk  who  shall  refuse Penahy  for 
or  neglect  to  make  such  report,  within  the  period  so  limited,  ne&l€Cl- 
shall,  for  each  offence,  forfeit  the  sum  of  one  hundred  dollars 
to  the  use  df  the  school  fund  of  the  state, 

JVb.  171— §  174.  [§  114].  It  shall  be  the  duty  of  the  su-How  prose- 
perintendent  of  common  schools  to  prosecute  without  delay,  £u!jjj[nd 
in  his  name  of  office,  for  such  forfeiture,  and   to  pay  the 
moneys  recovered,  into  the  treasury  of  the  state,  to  the  credit 
of  the  school  fund. 

JVb.  172— §  144.  It  shall  be  the  duty  of  each  county  clerk,  Notice  to 
immediately  after  the  first  day  of  August  in   every  year,  in  town  clerk, 
'case   the  town  superintendent  of  any  town  in    his  county 
shall  have  neglected  to  make   to   him   his  annual  report,  to 
give  notice  of  such  neglect  to  the   clerk   of  the  town,  who 
shall  immediately  notify  such  town   superintendent  for  the 
purpose  of  making  his  report.* 

Miscellaneous  provisions   connected  with  the  foregoing  or- 

ticles. 

JVb.  173 — §  145.  Town  superintendents, trustees,  collectors  peHallyon 
and  clerks  of  school  districts,  refusing  or  wilfully  neglecting certain  offi* 

'  ~  , ,  , J         fo        .     *\  cere  for  neg 

to  make  any  report,  or  to  perform  any  other  duty  required  lector  duty, 
by  law,  or  by  regulations  or  decisions  made  under  the  au- 
thority of  any  statute,  shall  severally  forfeit  to  their  town, 
or  to  their  district  as  the  case  may  be,  for  the  use  of  the  com- 
mon schools  therein,  the  sum  often  dollars  for  each  such  To  be  saed 
neglect  or  refusal,  which  penalty  shall  be  sued  for  and  col- 
lected  by  the  supervisor  of  the  town,  and  paid  over  to  the  town. 

<1)  Laws  of  1847,  chap,  480,  §  144. 


40  MISCELLANEOUS  PROVISIONS. 

proper  officers  to  be  distributed  for  the  benefit  of  the  com- 
mon schools  in  the  town  or  district  to  which  such  penalty 
belongs;  and  when  the  share  of  school  or  library  money  ap- 
portioned to  any  town  or  district,  or  school  or  any  portions 
thereof,  or  any  money  to  which  a  town  or  district  would  have 
been  entitled,  shall  be  lost  in  consequence  of  any  wilful  neg- 
lect of  official  duty  by  any  town  superintendent  or  trustees 
or  clerks  of  school  districts,  the  officers  guilty  of  such  neg- 
lect shall  forfeit  to  the  town  or  district  the  full  amount,  with 
interest,  of  the  moneys  so  lost;  and  they  shall  be  jointly  and 
severally  liable  for  the  payment  of  such  forfeiture. 

JVo.  174 — §  146.  In  any  suit  which  shall  hereafter  be  com- 


Costs  not 


allowed  in    menced  against  town  superintendents  or   officers   of  school 
certain  suits  districts,  for  any  act  performed  by  virtue  of,  or  under  color 

against  r  A-\     '         a*  r  c        i  ••  r 

school  offi-  of  their  offices,  or  for  any  refusal  or  omission  to  perform  any 
duty  enjoined  by  law,  and  which  might  have  been  the  sub- 
ject of  an  appeal  to  the  superintendent,  no  costs  shall  be  al- 
lowed to  the  plaintiff  in  cases  where  the  court  shall  certify 
that  it  appeared  on  the  trial  of  the  cause  that  the  defendants 
acted  in  good  faith.  But  this  provision  shall  not  extend  to 
suits  for  penalties,  nor  to  suits  or  proceedings  to* enforce  the 
decisions  of  the  superintendent. 

Provision  in  No.  175 — §  l.a  Whenever  a  suit  shall  have  been  com- 
menced  or  ^ll  hereafter  be  commenced  against  any  of  the 
officers  of  a  school  district  for  any  act  performed  by  virtue 
of,  or  under  color  of  their  office,  and  such  suit  shall  have 
been  finally  determined,  it  shall  be  the  duty  of  the  trustees 
to  ascertain  in  the  manner  hereinafter  described,  the  actual 
amount  of  all  the  costs,  charges  and  expenses  paid  by  such 
officer,  and  to  cause  the  same  to  be  assessed  upon  and  col- 
lected of  the  taxable  inhabitants  of  said  district  in  the  same 
manner  as  other  taxes  of  said  district  are  by  law  assessed  and 
collected,  and  when  so  collected,  to  pay  the  same  over  to 
the  officer  by  virtue  of  this  act  entitled  to  receive  the  same; 
but  this  provision  shall  not  extend  to  suits  for  penalties,  nor 
suits  or  proceedings  to  enforce  the  decisions  of  the  superin- 
tendent. 

Persons  pay-      No.  176 — ^  2.  Whenever  any  person   mentioned   in  the 

inrlsent8wito  ^ret  section  of  this  act  shall  have  paid  any  costs,  charges  or 

account       expenses  as  mentioned  in  said  first  section,  he  shall  make 

oath.ed        out  an  account  of  such  charges,  costs  and  expenses  so  paid 

by  him,  giving  the  items  thereof,  and  verify  the  same  by  his 

oath  or  affirmation  ;  he  shall  serve  a  copy  of  said  account  so 

sworn  to,  upon  the  trustees  of  the  district  against  which 

such  claim  shall  be  made,  together  with  a  notice  in  writing 

that  on  a  certain  day  therein  specified,  he  will  present  such 

(a)  Laws  of  1847,  chap.  172,  §1,2,  3,  4. 


MISCELLANEOUS  PROVISIONS.  41 

account  to  the  board  of  supervisors  of  the  county  in  which 
such  school  district  shall  be  situated,  for  settlement  at  some 
legal  meeting  of  such  board;  and  it  shall  be  the  duty  of  the 
officer  upon  whom  such  copy,  account  and  notice  shall  be 
served,  to  attend  at  the  time  and  place  in  such  notice  speci- 
fied, to  protect  the  rights  and  interests  of  such  district  upon 
such  settlement. 

No.  177 — §  3.  Upon  the  appearance  of  the  parties,  or  upon  p&  mem 
due  proof  of  service  of  the  notice  and  copy  of  account  men-  when  to  be 
tioned  in  second  section  of  this  act,  if  the  said  board  shall  SjS^LSi. 
be  of  opinion  that  such  account  or  any  portion  thereof  ought 
justly  to  be  paid  to  the  claimant,  such  board  may  by  an  or- 
der to  be  made  by  a  majority  of  all  the  members  elected  to 
the  same,  and  to  be  entered  in  its  minutes,  require  such  ac- 
count or  such  part  thereof  as  such  board  shall  be  of  opinion 
ought  justly  to  be  paid   to  the  claimant,  by  such  district  to 
be  so  paid  ;  but  no  portion  of  such   account  shall  be  so  or- 
dered to  be   paid  which  shall   appear  to  the  said   board  to 
have  arisen  from  the  wilful  neglect  or  misconduct  of  the 
claimant.     The  account,  with  the  oath  of  the  party  claiming 
the  same,  shall  be  prima   facie  evidence  of  the   correctness 

thereof.     The  board  may  adjourn  the   hearing  from  time  to 

/ 
time  as  justice  shall  seem  to  require. 

No.  178 — §  4.  It  shall  be  the  duty  of  the  trustees  of  any  Co     of  or_ 
school  district,  within  thirty  days  after  service  of  a  copy  ofdertobeen- 

,,  *i_  i  j       ^tered  on  dis- 

sucn  order  upon  them   to   cause   the  same  to   be  entered  at  met  records. 

length  in  the  book  of  records  of  said  district,  and  to  issue  to 

the  collector  of  said  district  a  warrant  for  the  collection  of 

the  amount  so  directed  to  be  paid,  in  the  same  manner  and 

with  the,  like  force  and   effect   as  upon  a  tax  voted  by  said 

district. 

No.  179 — 6  1.6  No  person  shall  wilfully  disturb,  interrupt-. 

i •         •  '  *  II  f  *  iii-      Disturbing 

or  disquiet  any  assemblage  or  persons  met  at  any  school  dis-  schools  pro. 
trict,  with  the  assent  of  the  trustees  of  the  school   district, 
for  the  purpose  of  receiving  instruction  in  any  of  the  branch- 
es of  education  usually  taught  in  the  common  schools  of  this 
state,  or  in  the  science  of  music. 

No.  180 — §  2.  Whoever  shall  violate  the  provisions  of  the  Penalty, 
foregoing  section,  may  be  tried  before  any  justice  of  the 
peace  of  the  county,  or  any  mayor,  alderman,  recorder,  or 
other  magistrate  of  any  city  where  the  offence  shall  be  com- 
mitted; and  upon  conviction,  shall  forfeit  a  sum  not  exceed- 
ing twenty-five  dollars,  for  the  use  and  benefit  of  the  school 
district  in  which  such  offence  shall  be  committed. 

No.  181 — §  3.  It  shall  be  the  duty  of  the  trustees  of  any  Trustees  to 
school  district  in  which  any  such  offence  shall  be  committed,  *"" 

(6)  Laws  of  1845,  chap.  228,  §  1,  2,  3,  4,  5. 


42  MISCELLANEOUS  PROVISIONS. 

to  prosecute  such  offender  before   any  officer  having  cogni- 
zance of  such  offence. 

^°'  "^ — ^  ^'  ^  any  Person  convicted  of  the  offence 
herein  prohibited,  shall  not  immediately  pay  the  penalty  in- 
;ted'  curred,  with  the  costs  of  conviction,  or  give  security,  to  the 
satisfaction  of  the  officer  before  whom  such  conviction  shall 
be  had,  for  the  payment  of  the  said  penalty  and  costs  within 
twenty  days  thereafter,  he  shall  be  committed  by  warrant  to 
the  common  jail  of  the  county,  until  the  same  be  paid,  or  for 
such  term,  not  exceeding  thirty  days,  as  shall  be  specified  in 
such  warrant. 

jury  trial.  N°-  183 — §  5.  It  shall  and  may  be  lawful  for  any  person 
who  may  be  complained  of  for  a  violation  of  the  provisions 
of  this  act,  to  demand  of  such  magistrate  that  he  may  be 
tried  by  a  jury.  Upon  such  demand,  it  shall  be  the  duty  of 
such  officer  to  issue  a  venire  to  the  proper  officer,  command- 
ing him  to  summon  the  same  number  of  jurors,  and  in  the 
same  manner,  and  the  said  court  shall  proceed  to  empannel  a 
jury  for  the  trial  of  said  cause,  in  the  same  manner  and  sub- 
ject to  all  the  rules  and  regulations  prescribed  in  the  act  pro- 
viding for  the  trials  by  jury  in  courts  of  special  sessions. 
JVo.  184 — §  147.  A  school  for  colored  children  may  be  es- 

coio'Jed  cwi- tablished  in  any  city  or  town  of  this  state,  with  approbation 
of  the  commissioners  or  town  superintendent  of  such  city  or 
town,  which  shall  be  under  the  charge  of  the  trustees  of  the 
district  in  which  such  school  shall  be  kept;  and  in  places  where 
no  school  districts  exist,  or  where  from  any  cause  it  may  be 
expedient,  such  school  may  be  placed  in  charge  of  trustees  to 
be  appointed  by  Ihe  commissioners  or  town  superintendent  of 
common  schools  of  the  town  or  city,  and  if  there  be  none, 
to  be  appointed  by  the  state  superintendent.  Returns  shall 
be  made  by  the  trustees  of  such  schools  to  the  town  super- 
intendent at  the  sajne  time  and  in  the  same  manner  as  now 
provided  by  law  in  relation  to  districts;  and  they  shall  par- 
ticularly specify  the  number  of  colored  children  over  five  and 
under  sixteen  years  of  age,  attending  such  school  from  dif- 
ferent districts,  naming  such  districts  respectively,  and  the 
number  from  each.  The  town  superintendent  shall  appor- 
tion and  pay  over  to  the  trustees  of  such  schools,  a  portion 
of  the  money  received  by  them  annually,  in  the  same  man- 
ner as  now  provided  by  law  in  respect  to  school  districts, 
allowing  to  such  schools  the  proper  proportion  for  each  child 
over  five  and  under  sixteen  years,  who  shall  have  been  in- 
structed in  such  school  at  least  four  months  by  a  teacher  du- 
ly licensed,  and  shall  deduct  such  proportion  from  the  amount 
that  would  have  been  apportioned  to  the  district  to  which 
such  child  belongs;  and  in  his  report  to  the  state  superintend- 


MISCELLANEOUS  PROVISIONS.  43 

ent,  the  town   superintendent  shall  specially  designate  the 
schools  for  colored  children  in  his  town  or  city. 

No.  185 — §  148.  The  state  superintendent  may  cause  to  DeFortnstobe 
printed  a  sufficient  number  of  forms  of  reports  by  trustees  of  panted  and 
school  districts  and  town  superintendents  and  of  lists  of  pu-  dfatribD 
pils  attending  schools,  and  cause  them  to  be  transmitted  to 
the  several  county  clerks,  for  the  use  of  those  officers  and 
of  teachers  of  schools;  and  he  shall  cause  title  second  of 
chapter  fifteen  and  part  first  of  the  Revised  Statutes  to  be 
printed,  and  shall  insert  therein  all  acts  and  parts  of  acts 
which  have  been  passed  by  the  legislature,  connected  with 
the  subjects  of  the  said  title,  which  are  now  in  force  ;  and 
where  any  provisions  of  the  said  title  have  been  altered  by 
the  subsequent  acts,  such  provisions  shall  be  varied  so  as  to 
make  them  conformable  to  such  alterations  ;  but  the  original 
numbers  of  the  sections  shall  be  indicated  in  such  mode  as 
he  shall  judge  proper,  except  as  herein  amended  or  altered. 
Copies  of  the  said  title  so  amended  shall  be  transmitted  to 
the  town  superintendent,  and  all  other  officers  charged  with 
the  performance  of  any  duty  under  its  provisions,  with  such 
explanations  and  instructions  as  may  be  deemed  expedient. 

No.  186 — §  149.  The  superintendent  of  common  schools  is  Jnslructions 
hereby  authorized  and  directed  to   cause  to  be  printed  in  a  /or  execm- 
pamphlet  form,  as  many  copies  of  this  act  and  of  the  forms Ulg 
necessary  to  be  used  under  its  provisions  as  he  may  deem  suffi- 
.    cient  for  the  information  of  the  trustees  of  common  schools 
and  to  cause  the  same  to  be  distributed  for  that  purpose. 

No.  !87-§  150.  All  such  provisions  of  law  as  are  repugnant  Law8re  u 
to  or  inconsistent  with  the  provisions  of  this  title,  are  hereby  nam,8&ecp"?o 


repealed;  but  nothing  herein  contained  shall  be  so  construed 

as  to  impair  or  affect  any  of  the  local  provisions  respecting  JepTaied  '4?l 

the  organization  and  management  of  schools  in  any  of  the 

incorporated  cities  or  villages  or  towns  of  this  ?tate;  except  as 

ihe  same  are  affected  by  the  next  preceding  section  of  this  act. 


INDEX 


TO  THE 


STATUTES  RELATING  TO  COMMON  SCHOOLS. 


The  figures  relate  to  the  several  sections  as  numbered. 


A. 

Alteration  of  School  Districts. 

No. 

Without  consent  of  trustees  when  to  take  effect, , 70 

Annual  Meeting  of  School  Districts. 

Provision  for  holding, .  . 90 

When  omitted,  special  meeting  may  be  called  and  how, 91 

When  superintendent  may  order  meeting, 92 

When  trustees  may  fix  day  for, ( 93 

Powers  of  inhabitants  when   lawfully  assembled,  87,  96,  98,  99, 

109,  158 

Proceedings  of,  not  invalidated  by  defective  notice  unless  wil- 
ful and  fraudulent, 94 

Notice  of,  how  to  be  given  and  what  to  contain,.  .79,  89,  106,  107 

Appeals  from  proceedings  of,  to  superintendent, , 157 

"""'  District  librarian  to  be  chosen  at, 87 

Qualifications  of  voters  at, 84  to  86 


Annual  Reports.          • 

Of  superintendent,  what  to  contain, 1 

Of  town   superintendent  of  common  schools,  to  be  made  be- 
tween 1st  July  and  1st  August, 44 

What  to  contain, 44 

Of  trustees  of  school  districts, 140,  141 

Of  trusses  of  joint  districts, 146 


46  INDEX  TO  STATUTES. 

No. 

Of  trustee  of  separate  neighborhood, 147 

Of  trustees  of  colored  schools, - ...    184 

Of  county  clerks, 169 

Forms  of,  to  be  transmitted  to  trustees,  &c.,  by  superinten- 
dent,    12,  185 

Proceedings  and  penalties  in  case  of  neglect  of  town  superin- 
tendents to  make, 45,  47,  48 

Penalty  for  trustees  making  false  report, 148 

Public  money  not  to  be  apportioned  to  districts  from  which  no 

sufficient  annual  report  shall  h.we  been  received. 38 

Apparatus. 
For  schools  may  be  purchased, 87 

Appeals* 
To  superintendent, 157,  165 

Appendages  to  School  House. 

Taxes  for, 87 

To  be  provided  by  trustees, 107 

Apportionment  of  School  Moneys. 

When  to  be  maJe  by  superintendent,     6 

Ratio  of, i 

Increase  of  school  moneys  when  and  how  to  be  apportioned,. .       8 

Proceedings  when  census  is  defective, 9 

Proceedings  on  erection  or  division  of  towns, 10 

To  be  certified  to  comptroller  and  county  clerks, 11 

Library  fund  to  be  annually  apportioned,  amount  of,  and  how 

to  be  appropriated, 161 

When  and   how  to  be  apportioned  by  town  superintendents 

among  the  several  districts, 33 

Conditions  of  apportionment  and  when  to  be  withheld,  35,  36,  38 
To  be  equitably  adjusted  by  town  superintendents  in   case  of 
alteration  or  formation  of  districts  after  date  of  annual  re- 
port,  40,  41, 

Disposition  of  moneys  uncalled  for  in  the  hands  of  town  super- 
intendents for  one  and  two  years, 42,  43 

To  be  directed  by  superintendent  in  certain  cases  of  accidental 

omission  or  non-compliance  with  law, 39 

Arms  and  Accoutrements. 

When  and  to  what  extent  exempt  from  warrants  of  collect- 
ors,  - 


INDEX  TO  STATUTES.  47 

No. 
Assessments. 

Of  school  moneys  by  board   of  supervisors  on  their  several 

towns,    20 

Assessment  of  Taxes. 
See  Taxes  and  Tax  List— Trustees. 

Assessment  Roll  of  Town. 
Valuation  of  taxable  property  to  be  taken  from, 121 

Authentications. 
Of  papers,  acts  and  decisions  of  superintendent, 5 

B. 

Black  Boards. 
Districts  authorized  to  impose  taxes  for  purchase  of, 87 

Blank  Books. 

To  be  provided  by  trustees  for  use  of  districts,  and  what  to 

contain, .- 129 

Board  of  Supervisors. 

To  assess  an  amount  upon  each  town  equal  to  that  apportion- 
ed by  superintendent, 20 

To  require  collector  to  pay  such  amount  when  collected,  to 

commisioners, 21 

To  hold  special  meeting  in  case  of  deficiency  in  amount  raised 
the  preceding  year,  for  the  purpose  of  supplying  such  de- 
ficiency,   23 

Duty  of,  on  receiving  fiom  county  treasurer,  accounts  of  un- 
paid taxes  of  non-residents,  furnished  by  trustees, ....  118,  120 

Book  Case. 
Districts  may  raise  tax  for  purchase  of,  for  district  library, . . . ,    158 

Bonds. 

To  be  given  by  collector  of  district  when  required  by  trustees, 

and  amount  and  condition  of, 128 


48  INDEX  TO  STATUTES. 

No. 

c. 

Certificates  of  Teachers. 

To  be  given  by  town  superintendents, 59 

On  what  conditions  and  examination,  and  in  what  form, ..  ..60,  61 

May  be  annulled  by  town  superintendent  on  notice,  &c., 62 

Certificate  of  annulment  to  be  filed  in  town  clerk's  office, ....  64 

Re-examination  may  be  required  by  inspectors, 63 

In  cases  of  joint  districts,  the  town  superintendent  of  the  town 
in  which  the  school  house  is  situated  may  grant  and  an- 
nul certificates, 65 

To  be  given  also  by  superintendent, 4 

Effect  of  such  certificate, ..., 4 

May  be  annulled  by  superintendent, 4 

Who  to  be  deemed  qualified  teachers, 37 

Certificate  to  be  dated  within  one  year  of  time  of  employment,  3^ 

To  be  obtained  before  commencement  of  term  of  employment,  36 

Certificates  of  Apportionment. 
See  Apportionments  of  School  Moneys. 

Certificates  of  Town  Superintendents. 

For  two  or  more  sites  to  school  house  when  necessary, 87 

For  change  of  site  and  removal  of  school  house, 98 

Chamberlain  of  the  City  of  New-  York. 
When  to  apply  for  school  money, > 16 

Children. 

Trustees  to  report  annually  number  of,  residing  in  the  several 
districts,  between  the  ages  of  5  and  16  years,  and  the  num- 
ber taught, *. 141 

Description  of  children  to  be  included  in  such  reports  and  enti- 
tled to  attend  schools, 142,  143,  144,  145 

Schools  for  colored  children,  when  and  how  to  be  established, 

organized  and  conducted, 184 

Clerk  of  Board  of  Supervisors. 

To  notify  special  meeting  of  the  board  on  receiving  notice  of 
deficiency  in  amount  of  school  money  raised  in  the  county 
from  a  majority  of  said  board, 23 


INDEX  TO  STATUTES.  49 

No. 

To  transmit  certified  copies  of  resolutions,  &c.,  of  board,  re- 
specting school  moneys,  to  superintendent, 24 

Clerk  of  District. 

Fee  District  Clerk. 

Trustees  of  districts  to  report  to,  annually, 140 

Contents  of  such  report, 141 

Trustees  of  joint  districts  how  to  report,  146 

Trustee  of  separate  neighborhood  how  to  report, 147 

Forfeiture  for  false  report, 148 

Appeals  from  proceedings  of,  to  superintendent, 157 

Penalties  and  forfeitures  against,  for  neglect  of  duty, 173 

Costs  not  allowed  in  certain  suits  against, 174 

To  apportion  public  money  to  trustees  of  colored  schools  and 

specially  to  designate  such  schoofs  in  annual  report,  ....  184 

Forms  of  reports  of,  to  be  forwarded  by  superintendent, 185 

How  to  apportion  library  fund, 161 

To  have  care  and  superintendence  of  the  gospel  and  school 

fund, 31 

Comptroller.     « 

Certificate  of  apportionment  of  school  moneys  to  be  furnished 

to,  by  superintendent, . , 11 

To  pay  school  moneys  annually  to  the  several  county  treasur- 
ers and  the  chamberlain  of  New-York, ,..« 15 

In  conjunction  with  superintendent  to  direct  the  withholding 
of  school  money  wholly  or  in  part,  in  certain  cases  of  de- 
ficiency in  raising  an  amount  equivalent  to  apportionment, 
in  the  several  counties, 24 

To  pay  county  treasurer  amount  of  uncollected  non-resident 
taxes  in  certain  cases,  and  to  collect  the  same  by  sale  as 
in  other  cases  of  arrears  of  taxes  on  non-resident  lands,. .  120 

To  audit  and  pay  accounts  of  superintendent  generally,  and 
also  in  the  purchase  of  county  maps,  and  to  withhold 
amount  paid  in  the  latter  case  trom  distribution, 14 

Corporations. 

See  Incorporated  Companies. 
Town  superintenpents  and  trustees  of  school  districts  to  be,  for 

certain  purposes, **-M*> 55,  98,  149 


60  INDEX  TO  STATUTES. 

No, 
Costs. 

Not  recoverable  in  certain  suits  against  commissioners  and  offi- 
cers of  school  districts, 174 

County  Clerk. 

To  file  and  transmit  certified  copy  of  apportionment  to  county 

treasurer  and  clerk  of  supervisors, 19 

To  make  and  transmit  to  superintendent  annual  report,  what  to 

contain, ,. 169 

Penalty  for  neglect, 170 

Superintendent  to  prosecute  therefor, 171 

To  give  town  clerk  notice  of  neglect  of  town  superintendents 
to  make  and  transmit  their  report  within  the  time  required 
by  law, , 172 

County  Poor-House. 

Children  supported  at,  not  to  be  included  in  report  of  trus- 
tees,   * 142 

County  Treasurer. 

When  to  apply  to  comptroller  for  school  moneys, 16 

To  notify  town  superintendents  of  amount  apportioned  to  their 

towns,  and  hold  the  same  subject  to  their  order,  17 

To  add  moneys  not  called  for  to  amount  to  be  distributed  in 

ensuing  year, IS 

To  apportion  school  moneys  in  certain  cases, 22,  43 

Duty  of,  on  receiving  from  trustees  accounts  of  unpaid  taxes  of 

non-residents, 1 17  to  120 

Collector. 
See  District  Collector— Town  Collector. 

Colored  Children. 
Provisions  for  establishment  and  maintenance  of  schools  for,.*   184. 

D. 

Decisions  of  Superintendent. 
On  appeal  to  be  final, 157 


INDEX  TO  STATUTES.  51 

No. 
Districts. 

See  School  Districts— Inhabitants  of  School  districts. 

Tti    ,,.« *.  ...... •*'..., *»,,-i'-:;  M  *J  uT 

District  Meetings. 

See  Inhabitants  of  School   Districts — Annual   Meetings — Special 

Meetings. 

District  Clerk. 

To  be  chosen  by  inhabitants  when  legally  assembled, ....  87  sub.  3 

Trustees  of  districts  Ineligible, 30 

To  notify  special  meetings  of  inhabitants  when  time  for  hold- 
ing annual  meeting  has  passed  without  election  of  offi- 
cers,   91 

Notice  by,  in  certain  cases  to  state  the  purpose  for  which  meet- 
ing is  called, •  89 

Term  of  office  of, 101 

Vacancy  in,  how  to  be  supplied, 103 

Forfeiture  for  refusal  to  serve,  or  neglect  of  duty, 104,  173 

Resignation  of,  how  made, •• .  . .  105 

To  record  proceedings  of  district  and  reports  of  trustees, 

106  sub.  1 

To  notify  special  meetings  and  how, do  2 

To  notify  adjourneed  meetings  in  certain  cases  and  how,         do  3 

To  notify  annual  meeting, do  4 

To  preserve  records  and  papers  and  deliver  to  succes- 
sor,            do  5 

To  record  votes  by  ayes  and  nays  on  motion  to  change  site  of 

school  house  in  certain  cases, 98 

To  file  certificates  of  exemption  of  indigent  persons, 107 

To  act  as  librarian  in  certain  cases, 159 

District  Collector. 

How  and  when  chosen, 87  sub.  3 

Term  of  office, 101 

Vacancies  in,  how  filled, 103 

Forfeitures  for  refusal  to  serve,  neglect  of  duty  and  omission  to 

execute  bond  when  required, 104,  173 

May  resign, 105 

Duty  of  in  case  of  unpaid  taxes  against  non-residents, 115 

Jurisdiction  of, 125,  128 

Per  centage  of,  on  collections, 125 

Duty  of,  in  collection  of  warrants, 107  sub.  14 

To  execute  boncfs  to  trustees  when  required  ;  amount  and  con- 
dition of, ,  128 


52  INDEX  TO  STATUTES. 

No. 
Office  of,  vacated  in  case  of  refusal  or  neglect,  and  another   to 

be  appointed  by  trustees, 103 

Forfeiture  of,  for  loss  of  money  by  neglect  in  collection, 126 

To  be  recovered  by  trustees, 127 

District  Libraries. 

Inhabitants  of  districts  authorized  to  levy  taxes  for, 158 

Librarian  how  to  be  appointed  and  duties  of, 87,  103,  162 

Appropriation  for,  from  revenue  of  U.  S.  Deposite  Fund 161 

Trustees  of  district  to  be  trustees  of  library,  powers,  duties  and 

liabilities  of, 162,  163 

Regulations  for  government  and  management  of,  to  be  pre- 
scribed by  superintendent, 164 

Fines  how  imposed  and  recovered, 164 

Liability  of  borrowers, 164 

Appeals  respecting,  to  superintendent, 165 

Joint  libraries  how  organized  by  two  or  more  districts, 166 

Distribution  and  application  of  library  moneys, 161 

Superintendent  may  select  books  for,  on  request, 168 

District  Librarian. 

District  clerk  or  other  person  chosen  by  inhabitants  at  their  an- 
nual meeting,  to  act  as.  and  to  have  care  and  custody  of 

library, .' 159 

To  be  subject  to  direction  of  trustees,  removable  by  them,  and 

for  what  causes,  and  vacancy  how  supplied, 162 

Regulations  of  superintendent  obligatory  upon, 164 

Appeals  from,  to  superintendent,  165 


E. 


Errors  in  Tax  Lists  and  Rate  Bills. 

How  corrected, 138 

Exemptions. 

From  taxation  for  school  house  in  certain  cases, 123 

Of  indigent  persons  from  rate  bills  wholly  or  in  part,.,  sub.  10  107 

from  assessments  for  fuel, 131 


INDEX  TO  STATUTES.  53 

No. 

F. 

Fines. 

For  loss  of  or  destruction  or  injury  to  books  in  District  Libra- 
ry, how  imposed  and  recovered,  who  liable,  and  to  what 
extent, 164 

Forfeitures. 
See  Penalties  and  Forfeitures. 

Forms  and  Instructions. 

To  be  published  and  forwarded  to   officers  of  school  districts, 

&c.,  by  superintendent, 12,  13,  185,  186 

Fuel. 

Taxes  may  be  imposed  for, 87  sub.  5 

To  be  provided  by  trustees, 107  sub.  5 

When  not  provided   by  tax,  inhabitants  sending  to  school  to 

furnish  their  proportion, 130 

Proportions  how  to  be  determined  by  trustees, 131 

Indigent  persons  to  be  exempted, 131 

Trustees  to  furnish  portion  of  delinquents, 132 

To  add  expense  to  rate  bill  against  or  recover  by  suit, 133 


G. 


General  Deputy  Superintendent. 
How  appointed,  and  duties  of, ^ 2 

Globes. 
Tax  may  be  imposed  for  purchase  of, 87 

Gospel  and  School  Lots. 
Trustees  of  Gospel  and  School  Lots,  office  abolished, 31 


54  INDEX  TO  STATUTES. 

No. 


I. 

Incorporated  Companies. 

Liable  to  taxation  for  school  district  purposes, 110 

Taxes  on  non-resident  property  owned  by,  how  to  be  collect- 
ed,     Ill  to  116 

Indian  Children. 
Not  to  be  included  in  reports  of  trustees, .* 144 

Indigent  Persons. 

May  be  exempted  from  rate  bills  wholly  or  in  part,..   107  sub.   10 

Such  exemption  a  charge  upon  the  district, 107  sub.  10 

May  be  exempted  from  assessments  for  fuel, 131 

Inhabitants  of  School  Districts. 

Notice  of  formation  of  districts  and  time  and  place  for  first  meet- 
ing to  be  given  to  one  of,  by  town  superintendents,  and 

renewed  if  ineffectual, 80,  81 

Such  inhabitant  to  notify  others  and  how, 81 

Penalty  for  refusal  or  neglect, 82 

Inhabitants  required  to  assemble  in  pursuance  of  such  notice, . .  83 

Qualification  of  voters  at  district  meetings, 84,  85 

Penalty  for  illegal  voting, 86 

General  powers  of,  when  legally  assembled, 87 

May  call  special  meetings  in  certain   cases, 91 

May  direct  sale  of  site  or  purchase  of  new  one, 99 

May  direct  division  of  public  money  into  portions  applicable  to 

different  terms, 107 

To  direct  the  raising  of  deficiencies  in  tax  lists  and  rate  bills,  109 

Who  exempt  from  taxes  for  building  school  house, 123 

Fuel  how  and  when  to  be  furnished  by, 131 

Appeals  to  superintendent  from  proceedings  of, 157 

May  levy  taxes  for  the  purchase  or  lease  of  a  suitable  site  for 
school  house,  to  build,  hire  or  purchase  such  school  house, 
keep  in  repair  and  furnish  the  same  with  necessary  fuel 
and  appendages,  and  for  the  purchase  of  a  district  libra* 

ry, 87,  158 

May  dissolve  joint  district  in  certain  cases, 71 

Certain  non-residents  to  be  deemed  taxable  inhabitants,..  110,  116 


INDEX  TO  STATUTES.  55 

No. 

Inspectors  of  Common  Schools. 
See  Town  Superintendents. 

Instructions. 

i  ' 

See  Forms  and  Instructions. 


i*&  3. 

Joint  Libraries. 
How  and  when  to  be  formed,     166    % 

Joint  Districts. 

Powers  and  duties  of  town  superintendents  in  formation,  regu- 
lation and  alteration  of, 7  J 

Proceedings  for  dissolution  of,  when  major  part  of  town  super- 
intendents neglect  when  duly  notified  to  attend  meeting 

for  alteration,  &c. ,  of, 69 

Trustees  of,  to  make  reports,  what  to  contain, 149 

See  Trustees  of  School  Districts — Inhabitants  of  School 
Districts. 

Justices  of  the  Peace. 

May  accept  resignation  of  town  superintendents  and  fill  vacan- 
cies in  office, 27 

To  give  notice  thereof  to  district  clerk  or  one  of  the  trustees,     28 

*I  {    ,..,.  .  .  «:«*  *«fc*4fr  W»-r^v/-'  '.«v*$  IM  ^  & 

T. 

,.;t 

Libraries. 
See  District  Libraries. 

Librarian. 
See  District  Librarian. 

Library  Moneys. 

Appropriation  for,  from  revenue  of  U.  S.  Deposite  Fund, ....   161 
How  to  be  distributed  and  applied, 161 


56  INDEX  TO  STATUTES. 

Wo, 

M. 

Maps. 
Taxes  for  purchase  of,  may  be  imposed, . . .  r .     87 

Minors. 

Parents  or  guardians  of,  when  and  to  what  extent  liable  for 
fines  imposed  for  loss  of,  or  injury  or  destruction  to  books 
in  district  library;  how  such  liability  may  be  avoided,*..  164 


N.        .% 

New  Towns. 
Apportionment  how  to  be  made  on  erection  of, .. .. .      10 

New-York,  City  of. 

Chamberlain  when  to  apply  for  school  moneys,  ............  16 

County  clerk  when  to  lay  apportionment  of  before  common 

council, 19,  16£ 

Corporation  to  raise  equal  sum, 20 

Non- Residents. 

Certain  lands  belonging  to,  taxable, 1 10 

Lands  ©f,  when  unoccupied  to  be  described  and  valued  by  trus- 
tees in  making  out  tax  list, » 114 

Collector  to  deliver  account  of  unpaid  taxes  against,  to  trus- 
tees,    115 

Trustees  to  transmit  same  to  county  treasurer, 116 

Treasurer  to  advance  amount, 1 17 

Board  of  supervisors  to  levy  the  same  on  county,.,. »».  ....  11& 

Owner  may  pay,  before  amount  levied, 119- 

Amount,  how  collected  by  supervisors, 120 

Property  occupied  by  agents  or  servants  of  non-resident  own- 
ers, taxable  to  owners, 112 

Trustees  may  prosecute  for  balance  due  on  tax  list  or  rate  bill,  137 

Children  of,  not  to  be  included  in  report  of  trustees,. 143 

Notice. 

Of  annual  and  special  meetings,  when,  by  whom  and   how  to 

be  given, 79,  80,  106,  sub.  2  and  4,  107,  sub.  2 


INDEX  TO  STATUTES.  57 

No. 

Proceedings  not  affected  by  defect  of,  unless  wilful  and  fraud- 
ulent,       94 


o. 

Officers  of  School  Districts. 

How  and  when  elected, 87,91,92,93 

See  Trustees  of  School  Districts — District  Clerk — District 
Collector — District  Librarian. 

Organization  of  School  Districts. 
Proceedings  for, • 68,  69,  81 


p. 

Penalties  and  Forfeitures. 

Suit  for,  when  to  be  brought  by  town  superintendent,  .  24,  33,  47, 

48,  49,  54,  148,  155 

supervisors, 45,  49,  173 

trustees, ....127,  151,  152,  153,  159,  163,  181,  182 

Incurred  by  town  superintendents,  for  neglect  to  make  report,     47 

for  neglect  to  furnish  certain  information, 45 

by  inhabitants,  for  refusal  or  neglect  to  serve  certain 

notices, 82 

for  illegal  voting  at  district  meetings, 86 

for  refusal  to  serve  as  district  officers  when  chosen,  or 

neglect  to  discharge  duty 104 

by  trustees  for  making  false  reports, 148 

for  refusing  to  account  and  pay  over  balances  to  suc- 
cessors,      154 

by  collector  for  negligence  in  executing  warrant,.  . .   126 

county  clerk  for  omitting  to  report, 170 

commissioners,  trustees  and  district  clerk,  for  omis- 
sion to  perform  certain  duties, 173 

trustees  for  neglect  or  omission  in  the  care  and  super- 
intendence of  district  library, 163 

librarian  for  neglect  of  duty, 162,  180 

Property  of  School  Districts. 

Proportion  due  to  new  districts  how  ascertained,  raised  and  ap- 
plied,     72,73,92,93,94 


58  INDEX  TO  STATUTES. 

No. 
Proportion   due   to  inhabitants  of  consolidated  and  dissolved 

districts  how  ascertained,  raised  and  applied,  75,  76,  95,  96,  97 
Trustees  to  keep  accounts  and  statements  of,  in  a  book  to  be 

provided  for  that  purpose, 129 

To  be  held  by  trustees  as  a  corporation, 149 

How  and  when  to  be  disposed  of, » 99,  100 

See  School  Money — District  Library — Site  of  School  House. 

Public  or  School  Money. 
See  School  Moneys. 


Q. 

*»•**'.  - » • « «• 

Qualifications  of  Teachers. 

See  Teachers. 

Inspection  by  town  superintendents, 58,  64 

Qualifications  of  voters  at  district  meetings, 84,  85 


R. 

Rate  Bills. 

For  payment  of  teachers'  wages  how  made  out,  107  subs.  8,  9,  10, 

11,  12,  13,  14,  109 

Errors  and  omissions  in,  how  supplied,  . 138 

Amount  due  for  fuel  furnished   by  trustees  in  certain  cases  to 

be  added  to, ^ 133 

Indigent  persons  to  be  exempted  from  wholly  or  in  part,  107  sub.  10 
Warrant  for  collection  of,  how  to  be  made  out  and  what  to  con- 
tain      136 

Effect  of,  and  how  enforced,  ....    136 

Power  of  collector  in  execution  of, 128 

When  and  how  to  be  renewed, 137,  138 

Record  Book. 

Tax  may  be  voted  for, .**..... 129 

See  Blank  Books. 

Regulations. 
Relative  to  District  Libraries — See  District  Libraries. 

Renewals  of  Warrants. 
How  made, 137,  138 


INDEX  TO  STATUTES. 


. 

Repairs  to  School  House. 
Tax  may  be  voted  for,  .................................     87 

Residents., 
What  children  to  be  deemed,  ....................    .......   143 

Resignations. 

Of  district  officers,  how  made,  .........................   105 

Notice  of,  to  whom  given,  effect  of,  ......................   105 


. 
S.  >*ii- 

.    '  V  Y"*  Y£ 

School  Jlcts. 

Provisions  for  publication  and  circulation  of,  with  forms  and  in- 

structions, &c.,  ......................    12  to  14,  185,  186 

School  Districts. 

How  formed  and  organized,   ....................   33,  68  to  78 

Alterations  of,  without  consent  of  trustees,  when  to  take  ef- 

fect,   .....................  ,  .....................     70 

Apportionment  of  public  money  to,  ....   33  subs.  6,  7,  34,  35,  36 

38,  39,  40,  41 
Proceedings  on  formation  of,  from  one  or  more  districts  pos- 

sessed of  school  house  or  other  property,  ....  ......   72  to  76 

Consolidation  or  dissolution  of,  effect  of  as  to  district  proper- 

ty, .........................................  75  to  78 

Appeals  to  superintendent  from  proceedings  of,  &c.,  ........   157 

See  Inhabitants  of  School  Districts. 

School  House. 

Taxes  for  purchase   or  hiring,  repairs  and  furnishing,  &c.,  of, 

may  be  voted,  ...............  .  .  .  .  ,  ..........    sub.  5,  87 

Not  to  exceed  $400  without  certificate  of  commissioners,  ....     97 

May  be  sold  on  change  of  site,  ..........................     99 

Proceeds  of  sale  how  to  be  appropriated,  .................    100 

Sale  of,  on  formation  of  new  district  and  application  of  pro- 

ceeds, ...  ..............  ,  ......................  72,  73 

To  be  built,  hired  or  purchased,  kept  in  repair  and  furnished 

with  necessary  fuel  and  appendages  by  trustees,  ........   107 

Trustees  to  have  custody  of,  ............................   107 

Who  exempt  from  taxes  for  building,  ....................   123 


60  INDEX  TO  STATUTES. 

__^t  t^.^.'  No- 

Rooms  to  be  temporarily  hired  by  trustees,  when  necessary  for 

the  accomodation  of  scholars, 145 

Not  to  be  removed  while  district  remains  unaltered,  without 

consent  of  town  superintendents  and  a  two-third  vote,. . .     98 

See  Site  for  School  House. 

School  Meetings. 

See  Inhabitants  of  School  Districts — Annual  Meeting — Special 
Meeting. 

School  Money. 

Apportionment  of,  by  superintendent, 5  to  11 

To  be  paid  by  comptroller  to  county  treasurer, 15 

Treasurer  when  to  apply  for, 16 

to  give  notice  of,  to  town  sup'ts, 17 

to  retain  moneys  not  called  for  and  add  to  distribution 

of  ensuing  year, 18 

County  clerk  to  transmit  certified  copy  of  apportionment  of,  to 
county  treasurer  and  clerk  of  supervisors,  to  be  laid  be- 
fore board, 19 

Board  of  supervisors  to  raise  equal  amount, 20 

Town  collector  to  pay  over  amount  collected  to  commissioners,     21 
when  to  pay  to  county  treasurer,  to  be  by  him  appor- 
tioned,  22 

Omission  of  supervisors  to  raise  necessary  amount  how  reme- 
died,   23 

Clerk  of  supervisors  to  transmit  to  Superintendent   copies  of 

resolutions  relating  to, 24 

When  and  how  to  be  withheld  from  distribution  by  Comptrol- 
ler and  Superintendent, 24 

Town  superintendents  when  to  apply  for  and   receive  from 

county  treasurer, sub.  5,  33 

when  and  how  to  apportion, 6,  7 

when  to  withhold  from  district,  35,  36,  38 
payment  by,  when  ordered  by  superin- 
tendent,      39 

when  to  apportion  to  districts  formed 

or  altered  after  date  of  annual  report,     40 
when  to  apportion  to  districts  formed 
at  such  time  previous  to  1st  of  Jan. 
as  to  be  unable  to  comply  with  law,     41 
to  add  moneys  remaining  on  hand  for 

one  year  to  next  apportionment,.  . .     42 
to  return  to  county  treasurer  moneys 

remaining  on  hand  for  two  years,.  •     43 
to  report  amount  received,  and  how 
expended, subs.  6,  7,  44 


INDEX  TO  STATUTES.  61 

No. 

Town    superintendents   when  distribution  to  be  withheld  by 

superintendent  for  neglect  of,  to  re- 
port,      47 

amount  so  withheld  to  be  forfeited  by 

town  superintendents, 48 

to  bo  prosecuted  by  supervisor  for,.  • .     49 
to  keep    account  of  moneys  received 
and  expended,  and  lay  before  town 

auditors,  . . . .  • 50 

to  account  and  pay  ovei  to  successors,  51, 52 
to  recover  moneys  in  the  hands  of  of- 
ficers of  annulled  district, *J7 

Trustees  to  divide  into  portions  when  authorized  by  vote  of  dis- 
trict ;  how  to  be  applied, 107  sub.  9 

to  keep  accounts  and  statement  of, ••    129 

to  prosecute  for,  when  withheld  by  town  superin- 
tendents,   , 1 39 

to  account  and  pay  over  to  successors, 150,  15 1 

remedies  against,  and  forfeitures  for  neglect,  152, 153,  154 
Penalties  and  forfeitures   incurred   by  town  superintendents, 
trustees  and  clerks  of  districts  for  loss  of,  by  wilful  neg- 
lect of  duty, 173 

Portion  of,  to  be  applied  to  schools  for  colored  children, 184 

Library  money  how  applied, 161 

f                                       Seals. 
Not  required  to  warrants, 135 

Separate  Neighborhoods. 

When  to  be  formed  into  districts, 33 

Condition  of  apportionments  of  public  money  to, 38 

Inhabitants  to  choose  one  trustee,  duty  of, •  147 

Penalty  for  false  report, 148 

Site  for  School  House. 

Inhabitants  may  designate  and  impose  tax  for  purchase  or  lease 

of, 87  subs.,  4,  5 

with  the  consent  of  coiniuissioners  may  designate 
and  lay  tax  for  purchase  or  lease  of  two  or  more, 

87  sub.  8 

Not  to  be  changed  while  district  remains  unaltered  but  by  con- 
sent of  commissioners  and  concurrence  of  two-thirds  of 

taxable  inhabitants  by  ayes  and  nays, 98 

May  be  sold  by  trustees  on  change  of, 99 

Proceeds  of  sale  how  to  be  appropriated, 100 


62  INDEX  TO  STATUTES. 

*•• 

No. 
Sale  of,  on  formation  of  new  district  and  application  of  pro- 

i  TO 

ceeds,  '* 

To  be  purchased  or  leased  by  trustees, • 107 

i 
Special   Meetings. 

May  be  called  by  trustees, 94 

Proceedings  of,  not  vitiated  by  defect  of  notice  unless  wilful 

and  fraudulent, 94 

Powers  of  inhabitants  when  legally  assembled,..  87,  99,  109,  158 
To  be  called  by  clerk  for  election  of  officers,  when  annual 

meeting  is  neglected  to  be  held, 

Notice  of,  by  whom  and  how  to  be  given, . . 89, 106,  107 

When  to  be  called  by  town  superintendents  for  the  dissolution 

of  joint  districts  and  powers  of, 

Appeals  from  proceedings  of,  to  superintendent, 157 

Qualifications  of  voters  at, , 84}  85 

To  be  called  by  superintendent  in  certain  cases, 92 

State  Treasurer. 
To  pay  school  money  to  county  treasurers,  &c., 15 

Suits  by  Town  Superintendents. 

For  penalties  and  forfeitures  when  to  be  brought, 33,  sub.  8 

For  balances  in  the  hands  of  predecessors, 48,  54 

For  moneys  belonging  to  annulled  districts, 77 

Suits  against  Town  Superintendents. 

To  be  prosecuted  by  successors  for  balances,  &c., 54 

Costs  not  recoverable  in  certain  cases, 174 

Suits  by  Trustees. 
t . 
May  be  brought  against  inhabitants  refusing  to  furnish  fuel  in 

certain  cases, 133 

On  securities  taken  on  sale  of  school  house  and  site, 99 

For  balance  due  from  non-residents  on  tax  lists  or  rate  bills, . .  137 

For  money  withheld  from  districts  by  town  superintendents,..  139 

For  balances  due  from  predecessors, 153,  154 

For  forfeitures  and  balances  due  from  collector, 127 

For  fines  for  injury  to  books  in  district  library, 164 

For  fines  against  inhabitants  for  illegal  voting, 86 

For  injury  to  books  by  neglect  of  predecessors, , 163 


INDEX  TO  STATUTES.  63 

No. 
Suits  against  Trustees. 

For  balances  due  to  successors, 153,  154 

Costs  not  recoverable  in  certain  cases, . . . . .  ......  ..   174 

Supervisors  of  Towns. 

To  prosecute  town  superintendents  for  forfeitures, 48,  49 

See  Board  ot  Supervisors. 

Superintendent  of  Common  Schools. 

Annual  report  of,  what  to  contain, 1 

May  appoint  a  general  deputy,  powers  and  duties  of 2 

May  appoint  visiters  of  common  schools,  their  duties, 3 

May  grant  certificates  of  qualifications, 4 

Acts  and  decisions  of,  how  authenticated, .  $ 

Apportionment    of  school  money  by,  when  and  how  to   be 

made, 6  to  11 

To  direct  apportionment  to  districts  in  case  of  accidental  omis- 
sion to  comply  with  law  in  certain  cases, 39 

To  prepare  forms,  regulations  and  instructions,  12,  44,  sub.  8, 

164,  185 

Expenses  of,  how  audited  and  paid, 14 

In  conjunction  with  comptroller  to  withhold  public  money  in 
whole   or  in   part  from    counties,   for  omission  to  raise 

amount  required  by  law, 24 

May  order  meetings  for  election  of  district   officers  in  certain 

cases, 92 

May  consent  to  correction  of  errors  in  tax  lists  and  rate  bills, . .   138 

Appeals  to, 157,  165 

To  prosecute  county  clerk  for  forfeiture  incurred  by  neglect  to 

make  annual  report, 171 

To  appoint  trustees  of  school  for  colored  children  in  certain 

cases, 1 84 

To  cause   school  laws  to  be  published  and  transmitted  to  the 
several    districts,    officers,  &c.,  with  forms  and  instruc-    - 

tions, ,....  185,  186 

To  prescribe  regulations  for  the  government  of  district  libra- 
ries,    164 

To  select  libraries  for  districts  in  certain  cases, 168 

To  consent  to  formation  of  joint  libraries, 166 

T. 

Taxes. 

For   purchase  or  lease  of  site,  building,  purchasing  or  hiring 

school  house,  repairs,  fuel  and  appendages, 87  sub.  5,  6 

...  t  ... > ...... 


64  INDEX  TO  STATUTES. 

No. 

For  purchase  or  lease  of  sites  for  two  or  more  school  houses, 
hiring,  building  or  purchasing  such  houses;  keeping  in  re- 
pair and  furnishing  the  same  with  necessary  fuel  and  ap- 
pendage, and  for  maps,  globes,  blackboards  and  other 

school  apparatus, 87  sub.  8 

For  record  book, 87  sub.  7 

For  hire  of  room  temporarily  for  accommodation  of  children 

attending  school,  when  necessary, 145 

For  blank  books  of  account,  and  for  teachers'  list, 129 

To  be  imposed  by  trustees  for  expenses  incurred  by  authority 
of  law,  or  expressly  charged  upon  districts  by  any  provi- 
sion oHaw, 1 34 

For  deficiency  in  collection  of  tax  lists  or  rate  bills, 109 

Certain  inhabitants  exempt  from,  for  building  school  house,. .    123 
Tenant  at  will  or  for  years  to  charge  landlord  or  owner, ......   113 

For  district  library  and  book  case,  ..... 158 

Appeals  from  imposition  of,  to  superintendent, 157 

How  assessed.     See  Tax  List. 
How  collected, 107  sub.  14,  124,  125 

Tax  List. 

To  be  made  out  by  trustees,  what  to  co/itain, 107,  sub.  3 

How  to  be  apportioned  on  taxable  property, 110 

On  real  estate  of  non-residents  situate  in  district, 110 

What  tracts  or  parcels  may  be  omitted, 110 

Unoccupied  land  of  non-residents  to  be  described, 1 10 

Taxes  on  how  collected, 114,  115,  116,  117,  120 

Persons  working  land  on  shares  deemed  possessors, Ill 

Persons  owning  property  in   district  occupied  by  servants  or 

agents,  taxable  as  residents, 112 

Valuation  of  property  to  be  obtained  from  last  assessment  roll 

of  town;  reductions  when  to  be  .claimed, 121 

Proceedings  when  reduction  claimed  and  where  valuations  can- 
not be  ascertained  from  last  assessment  roll, 122 

Certain  inhabitants  exempt  from  taxation  for  building  school 

house, 123 

Tax  list  when  to  be  made  out, 124 

When  trustees  authorized  to  make,  without  vote  of  inhabitants,  134 

Deficiencies  in  collection  of,  how  supplied, 109 

Appeals  to  superintendent  from, 157 

Errors  in,  may  be  corrected  by  trustees  with  approbation  of 

superintendent, 138 

For  expenses  incurred  by  trustees  in  preservation  of  library,. .   162 

Teachers. 

Who  may  be  employed  as, 37 

Trustees  to  contract  with  and  employ, 1073  sub.  7 


INDEX  TO  STATUTES.  65 

No. 

How  to  be  paid, 107,  sub.  8,  9,  10,  11,  12,  14 

Lists  by,  how  to  be  kept  and  verified, 129 

Forms  for,  to  be  provided  by  Superintendent, 185 

To  keep  account  of  the  number  of  times  school  has  been  visi- 
ted by  town  superintendent, .  . . . .  129 

Blank  book  to  be  provided  by  trustees  for, 129 

Certificates  of  qualification  to  be  given  to,  by  town  superinten- 
dent,   .' 61 

Certificates  to  continue  in  force  for  one  year,  . . . . . 37 

May  be  annulled  by  town  superintendent, 62 

Must  be  obtained  before  commencement  of  term, 36 

Examination  of,  how  to  be  conducted, 59,  60 

May  be  re-examined  by  inspectors,  and  certificate  annulled  on 

notice, 63 

In  cases  of  joint  districts,  the  town  superintendent  of  the  town 
in  which  the  school  house  is  situated,  must  grant  and  annul 

certificate, 65 

Four  superintendents  to  inquire  into  government,  discipline 
and  course  of  instruction  of,  and  to  recommend  proper  stu- 
dies, discipline  and  text  books, 67 

•:  pHpK   c*«fv>*: 

Tenants. 

At  will  or  for  years,  may  charge  owner  with  certain  taxes  paid 

by, 113 

Towns. 

Apportionment  how  to  be  made  by  superintendent  on  erection 

or  division  of, . 10 

Town  Clerks. 
Powers  and  duties  of, 57 

Town  Collector. 

To  collect  an.d  pay  over  school  moneys  to  commissioners,  . .  .20,  21 
When  to  pay  such  moneys  to  county  treasurer, 22 

Town  Superintendents  of  Common  Schools. 

Notice  to  be  given  to,  by  county  treasurer  of  the  amount  of 
school  money  apportioned  to  town  of,  and  to  hold  such 

amount  subject  to  order  of, 17 

To  form,  regulate  and  alter  districts, 33  sub.   1 

To  set  off  separate  neighborhoods, do         2 

To  describe  and  number  districts  and  deliver  descrip- 
tions and  numbers  to  town  clerk, do  3,  4 

5 


66  INDEX  TO  STATUTES. 

No. 
To  apply  for  and  receive  school  moneys  from  county 

treasurer  and  town  collector, 33  sub.  5 

When  and  how  to  apportion  school  moneys, do  6,  7 

To  sue  for,  collect  and  apply  penalties  and  forfeitures,. .     do 

Formation,  &c.,  of  joint  districts, 69 

To  give  notice  in  writing  of  alterations  made  in  any  district 

without  the  consent  of  trustees, 70 

Such  alterations  not  to  take  effect  until  the  expiration  of  three 

months  alter  such  notice  to  trustees, 70 

When  to  withhold  public  moneys  from  districts,  failing  to  com- 
ply with  certain  provisions  of  law, 35,  36,  38 

Superintendent  may  direct  apportionment  in  cases  of  accident- 
al omission  of  trustees  to  report  according  to  law,  &c.,. .     39 
To  apportion  public  money  to  districts  formed  or  altered  after 
the  time  when  annual  reports  are  required  to  be  dated,  and 
so  short  a  time  before  the  1st  January,  as  to  be  unable  to 

comply  with  law, 40,  41 

To  add  moneys  remaining  in  their  hand  for  one  year  after  ap- 
portionment, to  the  moneys  next  thereafter  to  be  appor- 
tioned,   42 

To  return  moneys  remaining  in  their  hands  for  two  years  to 

county  treasurer, 43 

When  to  make  annual  report  and  what  to  contain, 44,  184 

Forfeitures  for  neglect  to  make  such  report  within  the  time  re- 
quired by  law, 45,  47 

Share  of  school  money  belonging  to  town  may  be  withheld  by 

superintendent  for  such  neglect, 47 

Town  superintendent  liable  for  amount  with  ii.terest, 48 

Supervisor  to  prosecute  therefor, 49 

Town  superintendents  to  keep  account  of  all  moneys  received 
and  expended  by  them,  and  to  lay  the  same  before  board 

of  town  auditors  at  their  annual  meeting, 50 

To  account  to  their  successors  within  fifteen  days  after  termi- 
nation of  their  offices,  such  account  to  be  filed  with  town 

clerk, 51 

To  pay  over  balances  remaining  on  hand, 52 

If  balance  appropriated,  statement  to  be  made  thereof,  .• 53 

Successors  to  recover  unpaid  balances  previously  accruing,. . .     54 
In  case  of  death  of  town  suprintendent,  suits  to  be  brought 

against  representatives, 54 

Town  superintendents  authorized  to  take  and  hold  in  their 
corporate  capacity,  property  transferred  to  them  for  the 

use  of  common  schools  in  their  town, 55 

To  be  inspectors, 58 

Their  duties  as  such, 59  to  67 

Compensation  of,  and  how  paid, 56 


INDEX  TO  STATUTES.  67 

No. 

On  formation  of  district,  town  superintendents  to  give  notice 

of  first  meeting, 79 

To  renew  the  same  if  not  effectual,  or  in  case  of  subsequent  dis- 
organization,   SI 

Not  eligible  as  trustees, 30 

Consent  of,  to  be  given  where  two  or  more  sites  for  district 

school  house  are  designated, 87 

Proceedings  of,  where  major  part  of  town  superintendents 
when  duly  notified  neglect  to  attend  at  a  joint  meeting  for 
the  purpose  of  altering  joint  district, 71 

Consent  of,  in  writing  required  to  change  of  site  or  removal  of 

school  house,  while  district  remains  unaltered, 98 

To  sell  at  public  auction  district  property  on  the  formation  of 

new  districts, 72 

Proportion  of  new  district  how  to  be  ascertained, 73 

To  appraise  and  apportion  property  of  dissolved  districts, ....     76 

To  demand  and  recover  moneys  belonging  to  annulled  districts, 
and  apportion  the  same  among  the  districts  to  which  in- 
habitants have  been  annexed, 77 

To  fill  vacancies  in  district  offices  when  not  supplied  by  a  dis- 
trict meeting  within  one  month, 102 

Remedies  againstj  by  trustees  when  money  due  their  district  is 

withheld, 139 

Treasurer. 

See  State  Treasurer — County  Treasurer. 

•»..... 

Trustees  of  School  Districts. 

Alterations  of  districts,  without  consent  of,  not  to  take  effect 
until  the  expiration  of  three  months  after  notice  in  writing 

to, . 7     70 

To  prosecute  for  fine  imposed  for  illegal  voting, 86 

To  be  chosen  at  district  meeting, 87,  sub.    3 

Town  superintendents  ineligible  as, 30 

Ineligible  as  district  clerk, 30 

In  case  of  removal,  vacancy  in  office  of,  or  neglect  or  refusal 
of  to  call  meetingSj  such  meeting  to  be  ordered  by  super- 
intendent,    92 

In  case  of  omission  of,  to  call  special  meeting  for  election  of 
officers  within  twenty  days  after  time  for  annual  meeting, 

such  meeting  may  be  notified  by  any  inhabitant, 91 

To  appoint  time  for  annual  meeting  in  certain  cases, 93 

To  call  special  meetings, 94,  107,  sub.  1 

Deeds  to  be  given  by,  on  sale  of  site,  effect  of, « 99 

Security  for  purchase  money  to  be  taken  and  held  by,  as  a  cor- 
poration, and  accounted  for  to  successors, •  99 


68  INDEX  TO  STATUTES. 

'  NO. 

Suits  to  be  brought  by,  on  such  securities, 99 

Avails  of  sale  how  to  be  applied, 100 

When  two  or  more  districts  are  united,  trustees  to  sell  site  and 

school  house  not  required  by  such  united  districts, 75 

Proportion  of  district  property  belonging  to  inhabitants  of  dis- 
solved district,  to  be  raised  by  in  certain  cases;  to  whom 

paid  and  how  applied, 76 

Town  superintendents  to  prosecute  for  and  recover  moneys  in 

the  hands  of  officers  of  annulled  districts,  ....... 77 

Term  of  office  of, 88 

Vacancies,  how  filled, 102,  103 

Forfeiture  of  for  refusal  to  serve,  and  neglect, 104 

Resignations  of,  to  whom  and  how  made, 105 

To  give  notice  of  district  meetings  in  certain  cases,  .  .  .107,  sub.  2 

To  make  out  tax  list  and  warrant, do     3,  4 

To  purchase  or  lease  site  for  school  house,'. do          5 

To  build,  hire  or  purchase,  keep  in  repair  and  furnish 
school  house  with  fuel  and  appendages,  from  funds 

provided, do          5 

To  have  the  custody  of  school  house, do          6 

To  contract  with  and  employ  teachers, . . . ; iJo 

How  to  pay  the  wages  of  such  teachers, do          8 

To  divide  public  money  into  portions  applicable  to  dif- 
ferent terms,  when  authorized  by  district, do          9 

To  exempt  indigent  persons  wholly  or  in  part, do        10 

Such  exemption  to  be  a  charge  on  the  district, do        10 

To  certify  such  exemptions  to  district  clerk, do         11 

To  ascertain  inhabitants  liable  on  rate  bill  from  teachers' 

lists, do        12 

To  make  out  rate  bill  and  warrant  and  deliver  to  collector,     do  13, 14 

Seals  not  necessary  to  warrants, 135 

Deficiency  in  tax  list  or  rate  bill,  how  supplied, 109 

Tax  list  how  to  be  apportioned  by, 110 

Non-resident  unoccupied  property  to  be  described, 114 

Collectdr  to  deliver  to,  account  of  unpaid  taxes  on  such  pro- 
perty, and  to  be  credited  amount  thereof, 115 

Trustees  to  certify  and  transmit  account  to  county  treasurer,. .  216 

County  treasurer  to  pay  amount  to,  ...  * 117 

Certain  non-resident  owners  of  real  estate  to  be  regarded  as  in- 
habitants,      112 

Certain  occupants  to  be  deemed  possessors, , Ill 

Valuations  to  be  ascertained  from  last  assessment  roll  of  town, 

reductions  when  to  be  claimed, 121 

Proceedings  of,  when  reduction  claimed,  or  valuation  can  not 

be  ascertained  from  last  assessment  roll, 122 

Certain  inhabitants  to  be  exempted  by,  from  tax  for  building 

school  house, * 123 


INDEX  TO  STATUTES.  69 

No* 

Taxes  to  be  assessed  by,  within  one  month, 124 

To  procure  blank  books  of  account,  and  for  teachers'  lists,  &c., 

to  preserve  and  deliver  to  successors, 129 

To  determine  proportion  of  fuel  to  be  furnished  by  inhabitants 

sending  to  school  in  certain  cases,    131 

To  furnish  fuel,  on  neglect  of  such  inhabitants  to  provide  the 
same  ;  and  charge  such  inhabitants  the  amount  paid  there- 
for,   132 

To  add  such  amount  to  rate  bill,  or  prosecute  therefor, 133 

To  raise  by  tax  amount  of  expenses  incurred  by  them  for  dis- 
trict or  charged  by  law  upon  such  district, 134 

Warrants  of,  for  collection  of  tax  lists  and  rate  bills,  what  to 

contain, 136 

How  enforced, 136 

To  renew  warrants  in  certain  cases;  or  to  prosecute  for  amount 

unpaid, 137 

To  renew  such  warrants,  and  correct  and  amend  errors  in  tax 
list  or  rate  bill,  and  refund  money  collected,  with  appro- 
bation of  the  superintendent, 138 

To  prosecute  and  recover  moneys  withheld  by  commissioners 

from  district, , 139 

When  to  make  annual  report, 140 

Report  of,  what  to  contain, ••  ••  * 141 

Certain  children  not  to  be  included  in, 142 

Children  to  be  included  in,  as  residents, 143 

Such  children  entitled  to  attend  schools :  and  trustees  empow- 
ered to  hire  additional  rooms  for  their  accommodation, 

when  necessary, 145 

Trustees  to  joint  districts  how  to  report, ....    146 

of  separate  neighborhoods  to  report, 147 

Penalty  for  false  report, 148 

To  hold  property  of  districts  as  a  corporation, 149 

To  account  to  successors  and  district  on  expiration  of  term  of 

office, 150 

To  pay  over  balances  to  successors, 151 

Forfeiture  for  neglect  to  account  and  pay  over, 152 

Successors  in  office  to  prosecute  therefor,  and  apply  recovery 

to  benefit  of  school, 153 

Remedy  of  successors  for  unpaid  balances  in  the  hands  of  pre- 
decessors ;  how  recovery  to  be  applied,. 154 

May  require  bond  of  collector  ;  what  to  contain,. 128 

Collector  to  account  to,  for  moneys  lost  to  district  by  neglectj  126 
To  prosecute  for  forfeitures  and  balances  in  hands  of  collector ; 

how  recovery  to  be  applied, 127 

Appeals  from  decisions  and  proceedings  of,  to  superintendent,  157 
Forfeitures  of,  for  neglect  of  duty  generally,  and  for  loss  of 

teachers'  or  library  money  to  district  in  consequence  thereof,  173 


70  INDEX  TO  STATUTES. 

^__  No, 

Costs  not  allowed  in  certain  suits  against, «  .    174 

Trustees  of  colored  schools  how  appointed  and  duties  of,  ...»   184 
Copies  of  school  act  with   forms,  regulations  and  instructions 

to  be  forwarded  to,  by  superintendent,    ....    12,  .13,  185,  186 
To  be  trustees  of  district  library  :  their  duty  as  such  ;  expenses 
of,  in  the  preservation  of  books  to  be  raised  by  tax  ;  libra- 
rian to  be  subject  to  directions  of,  and  removable  by,  for 

misconduct;  vacancy  in,  to  be  filled  by, 162 

Liability  of,  to  successors,  for  loss  or  injury  to  books  from  neg- 
lect or  omission, 163 

Regulations  for  government  of,  relative  to  district  library,  to  be 

furnished  by  superintendent, 164 

To  prosecute  for  fines  for  injury  to  books,  &c. ;  who  liable,..    164 
Appeals  to  superintendent  from  decisions  and  proceedings  of, 

relative  to  district  library, 165 

To  select  books  for  joint  library  in  certain  cases, 166 

Property  in,  to  be  vested  in  all  the  trustees  of  such  district,. .    166 

To  divide  such  library  in  certain  cases, 166 

May,  when  directed  by  district,  request  superintendent  to  se- 
lect library, ? . 168 

>40<p',   I 

V 

Valuation  of  Taxable  Property. 

To  be  ascertained  from  last  assessment  roll  of  town, 121 

Reductions  when  to  be  claimed, 121 

Proceedings  on  such  claim,  and  where  valuations  cannot  be  as- 
certained from  last  assessment  roll, 122 


Visiters  of  Common  Schools. 
May  be  appointed  by  superintendent ;  duties  and  powers  of, . .       3 

Voters  at  District  Meetings. 

Qualifications  of,  and  challenges  to, 84,  85 

Penalty  for  false  declaration  on  challenge,  and  for  illegal  vot- 
ing,      86 


INDEX  TO  STATUTES.  71 

No. 

w. 

Warrants. 

To  be  annexed  by  trustees  to  tax  lists  and  rate  bills,....   107,  124 

Seals  to,  not  necessary, ' 135 

What  to  contain,  and  effect  of, 136 

Powers  and  duty  of  collector  in  execution  of, ......  125,  127,  128 

Renewal  of, 137,  138 

What  property  exempt  from  operation  of, 399  (note.) 


INSTRUCTIONS 

CONCERNING  THE  DUTIES  OF  THE  VARIOUS 

COUNTY,  TOWK  AM)  DISTRICT  OFFICERS, 

* 


A 'SI)    OF    THE 


INHABITAXTS   OF  DISTRICTS, 

Under    the    Laws    relating    to    Common    Schools. 


BOARD  OF    SUPERVISORS, 

It  is  their  duty  as  a  board,  to  add  to  the  sums  of  money  to  be 
raised  in  each  town  for  other  purposes,  a  sum  equal  to  that  which 
shall  have  been  apportioned  to  such  town,  by  the  Superintendent, 
See  No.  20  of  Laws.  For  a  neglect  of  this  duty,  in  addition  to 
other  responsibilities,  they  are  liable  individually  to  a  penalty  of 
$250.  §  16,  Title  2,  chap.  12,  part  1,  Revised  Statutes. 

It  is  understood  that  in  some  counties  this  duty  is  not  performed 
by  the  board,  but  that  the  clerk,  or  each  supervisor  for  his  town,  adds 
to  the  assessment  roll  the  requisite  sums.  This  practice  is  entirely 
unauthorized,  and  may  occasion  serious  questions  respecting  the  le* 
gality  of  the  assessment.  There  should  be  a  formal  resolution  enter* 
ed  on  the  minutes,  in  a  form  similar  to  the  following. 

Resolved,  That  there  be  raised,  levied  and  collected  on  the  sev- 
eral towns  of  this  county,  the  sums  following,  set  opposite  to  the 
name  of  each  town,  for  the  support  of  common  schools  therein, 
during  the  ensuing  year;  the  said  sums  being  equal  to  those  appor- 
tioned to  the  said  towns  respectively,  by  the  Superintendent  of 
common  schools  from  the  income  of  the  common  school  fund,  and 
the  means  provided  for  that  purpose;  and  that  the  said  sums  be  ad- 
ded to  the  amounts  directed  to  be  raised  on  such  towns  for  other 
purposes,  and  be  included  in  their  respective  assessment  rolls. 


74     CLERKS  OF  BOARDS  OF  SUPERVISORS. 

In  counties  where  a  larger  sum  is  directed  by  Jaw  to  be  raised 
upon  certain  cities,  as  upon  Albany,  Brooklyn,  Buffalo,  Rochester, 
&c.,  the  resolution  will  be  varied  accordingly,  by  adding,  "  and  that 
there  be  raised,  levied  and  collected  on  the  city  of  for  the 

same  purpose,  the  sum  of  in  pursuance  of  the  several  sta- 

tutes of  the  Legislature,"  ("  and  in  conformity  to  the  resolutions  of 
the  common  council  of  said  city,"  in  cases  where  such  resolutions 
are  required.) 

Where  the  electors  of  any  town  af  their  annual  meeting  have 
voted  to  raise  a  sum  of  money  on  their  town  for  the  support  of 
common  schools,  under  the  third  subdivision  of  original  section  five, 
(§  9  in  the  third  edition)  of  Title  2,  Chap.  11,  Part  first  of  the  Re- 
vised Statutes,  it  is  important  that  this  sum  should  be  kept  distinct 
from  that  directed  to  be  raised  by  the  board  of  supervisors  under  ori- 
ginal section  17,  of  the  revised  school  act,  No.  20  of  Laws.  Other- 
wise it  will  not  appear  whether  the  county  has  raised  the  sum  re- 
quired by  law.  It  is  recommended,  therefore,  that  the  resolutions  of 
the  board  of  supervisors,  directing  the  raising  of  the  school  money 
voted  by  a  town,  be  entered  separately  from  that  directing  the  levy- 
ing of  the  amount  required  by  law  to  be  raised  on  such  town;  and 
that  their  warrant  to  the  collector  specify  the  sum  voted  by  the  town 
separately  as  having  been  so  voted,  and  direct  it  to  be  paid  to  the 
town  superintendent  of  the  town. 

By  §  93  and  95  of  the  act  of  1847,  (Nos.  118  and  120,)  the  board 
of  supervisors  are  directed  to  cause  the  amount  of  unpaid  taxes  on 
non-resident,  unimproved  and  unoccupied  lands,  returned  to  the  trus- 
tees of  the  several  school  districts,  and  advanced  by  the  county  trea- 
surer, together  with  seven  per  cent,  in  addition  thereto,  to  be  levied 
upon  the  lands  of  non-residents,  liable  to  pay  the  same,  and  the  same 
proceedings  in  all  respects,  are  to  be  had  for  the  collection  of  the 
amount  so  directed  to  be  raised,  as  are  provided  by  law  in  relation 
to  county  taxes. 


CLERKS  OF  BOARDS  OF  SUPERVISORS. 

By  No.  24  of  the  laws  respecting  common  schools,  they  are  to 
transmit  on  the  last  day  of  December  in  each  year,  copies  of  the  re- 
solutions and  proceedings  of  their  boards  respecting  the  raising  of 
money  for  library  or  school  purposes;  and  particularly  the  amount 


SUPERVISORS  OF  TOWNS.  75 

directed  to  be  raised  in  each  town.  An  omission  to  furnish  the  evi- 
dence of  a  full  compliance  with  the  law  may  subject  a  county  to  se- 
rious loss.  The  resolutions  and  proceedings  referred  to  will  all  have 
been  passed  before  the  first  day  of  December  in  each  year,  so  that 
there  can  be  no  excuse  for  a  neglect  to  transmit  the  required  copies 
before  the  last  day  of  that  month. 


SUPERVISORS  OF  TOWNS. 

By  No.  173  of  the  Laws,  they  are  to  sue  for  and  collect  the  pen- 
alty of  ten  dollars  imposed  by  that  section  upon  town  superintendents 
and  clerks  of  school  districts,  for  refusing  or  wilfully  neglecting  to 
make  any  report,  or  to  perform  any  other  duty  required  by  law  or 
by  regulations  or  decisions  made  under  the  authority  of  any  statute. 
The  "regulations"  referred  to  are  those  which  the  Superintendent  is 
authorised  to  prescribe  by  (No.  12;)  also  those  which  by  chap.  480 
of  Laws  of  1847,  he  may  prescribe  for  the  purpose  of  obtaining  in- 
formation from  trustees  of  school  districts  and  town  superintendents, 
on  any  subject  relating  to  schools,  which  he  may  require  (No.  44;) 
and  those  also  respecting  school  district  libraries,  he  may  make  re- 
specting the  preservation  and  use  of  the  books.  (No.  164.)  The 
decisions  referred  to,  are  those  which  the  Superintendent  is  author- 
ised to  make,  on  appeal  to  him,  under  section  132,  of  the  title  of 
the  Revised  Statutes,  as  amended  by  the  act  of  1847,  concerning 
any  matter  under  the  said  Title,  (No.  157)  and  also  those  which  the 
same  officer  is  authorised  to  make  on  appeal,  under  the  140th  section 
of  the  act,  1847.  (No.  165.) 

The  success  of  the  schools  and  of  the  libraries  will  depend  much 
on  the  faithful  discharge  of  the  duty  thus  imposed  on  supervisors. 
While  it  is  not  to  be  presumed  that  they  will  seek  slight  and  trivial 
occasions  to  commence  prosecutions,  it  is  at  the  same  time  expected, 
that  they  will  not  suffer  any  instance  of  wilful  neglect  or  perverse 
refusal  to  perform  any  duty  enjoined  by  law,  or  by  the  regulations 
or  decisions  of  the  Superintendent,  to  pass  without  applying  the  re- 
medy. This  is  peculiarly  a  case  where  lenity  to  an  offender  is  in- 
justice to  the  dearest  interests  of  the  public.  Officers  charged  with 
the  sacred  trust  of  superintending  the  education  of  the  children  of 
the  republic — so  soon  to  become  citizens — and  of  diffusing  knowl- 
edge, by  means  of  the  district  libraries,  ought  to  make  up  their 


76  TOWN  CLERKS. 

minds  faithfully  to  discharge  the  obligations  they  have  taken  upon 
themselves,  or  resign  their  trusts.  A  single  example  in  a  flagrant 
case,  will  not  only  prevent  future  disobedience,  but  will  tend  most 
effectually  to  remove  the  causes  of  contentions  and  disturbance, 
which  destroy  the  peace  and  harmony  of  a  district,  and  terminate  in 
breaking  up  its  school. 


COUNTY  CLERKS. 

By  §  16  of  the  school  act,  (No.  19,)  the  county  clerk  is  required 
to  transmit  a  certified  copy  of  any  notice  of  apportionment  of  school 
moneys  which  he  may  receive  from  the  Superintendent  to  the  county 
treasurer,  and  clerk  of  the  board  of  supervisors  of  his  county.  It  is 
of  the  utmost  importance  that  this  duty  should  be  promptly  and 
faithfully  performed;  as  otherwise,  the  board  of  supervisors  will  be 
ignorant  of  the  necessary  amount  of  school  money  to  be  raised  on 
their  county;  and  it  may  become  necessary  either  to  call  a  special 
meeting  of  the  board  for  this  purpose,  or  to  withhold  the  whole  or 
a  portion  of  the  public  money  from  distribution. 

The  annual  report  heretofore  required  from  the  county  superintend- 
ents, containing  a  certified  copy  of  the  several  reports  of  commissioners, 
will  hereafter  be  m^de  by  the  county  clerks,  in  pursuance  of  §  172 
of  the  Revised  Statutes  as  amended,  (No.  169,)  from  the  reports,  of 
the  town  superintendents,  on  file  with  the  county  clerk. 

It  is  the  duty  of  the  county  clerk,  under  §  144  of  the  school  act, 
^No.  172,)  in  case  any  of  the  reports  of  the  town  superintendents 
are  behind,  on  the  first  day  of  August,  in  each  year,  immediately 
thereafter  to  give  notice  of  such  neglect  to  the  town  clerk,  whose 
duty  it  is  to  apprize  such  town  superintendents  of  such  neglect,  and 
require  them  to  make  their  report. 

(a*   •vf&i*  ton  tlhf  r  • 

TOWN  CLERKS. 

The  town  clerk  is  to  receive  and  keep  all  reports  made  to  the  town 
superintendents  by  the  trustees  of  school  districts,  and  perform  all 
the  other  duties  required  by  §  32  of  the  school  laws,  (No.  57.) 


COUNTY  TREASURERS.          77 


COUNTY  TREASURERS. 

They  are  to  apply  to  the  Comptroller  and  Treasurer  on  the  first 
day  of  February  in  each  year,  for  the  school  moneys  apportioned  by 
the  Superintendent  to  their  respective  counties.  The  amount  they 
will  ascertain  from  the  copy  which  the  county  clerk  is  required  by 
law  to  furnish  them,  of  the  notice  of  apportionment  transmitted  to 
him. 

1.  The  county  treasurer  is  to  draw  on  the  Treasurer  of  the  State, 
in  the  following  form: 

To  the  Treasurer  of  the  State  of  New-York: 

Pay  to  the  order  of  James  Jones,  the  sum  of  five  thousand  seven 
hundred  and  five  dollars  eighty-e'ighf  cents,  being  the  amount  of 
school  moneys  apportioned  to  the  county  of  Orange  by  the  Super- 
intendent of  Common  Schools,  to  be  paid  on  the  1st  day  of  Febru- 
ary, 1840. 

Dated  this  day  c  f  February,  1848. 

Samuel  Chase,  County  Treasurer 

$5,705.68  of  the  county  of  Orange. 

2.  To  this  draft  should  be  annexed  a  certificate  by  the  clerk  of  the 
board  of  supervisors,  as  follows: 

I  hereby  certify  that   Samuel  Chase,  was  at  the   date  of  above 
draft.  County  Treasurer  of  the  county  of  Orange. 
Dated  this  day  ot  February,  1847. 

William  Thomas,  Clerk  of  the  Board  of 

Supervisors  of  the  County  of  Orange. 

3.  When  the  person  in  whose  favor  the  draft  is   drawn   does  not 
himself  present  it   for   payment,  he  should  endorse  it,  directing  the 
amount  to   be  paid  to  a  person  to  be  named;  and  if  the  latter  does 
not   present  the  draft  in  person  he  must  endorse  it  to  the  individual 
who  is  to  receive  the   money.     It   is   essential  that  these  endorse- 
ments should  be  regularly  connected. 

4.  The  person  to  whom  the  draft  has  been  thus  endorsed,  or  the 
original  payee  when  it  has  not  been  endorsed,  will  present  it  to  the 
Comptroller,  who  will  attach  his  warrant  on  the  Treasurer,  by  whom 
it  will  be  paid,  on  taking  a  receipt  from  the  person  thus  presenting 


78  COUNTY  TREASURERS. 

it.  If  these  instructions  are  followed,  and  particular  attention  paid 
to  having  the  endorsements  all  regular,  no  difficulty  will  be  expe- 
rienced. 

Immediately  on  receiving  such  moneys,  they  are  to  "  give  notice 
in  writing  to  the  town  superintendent  of  common  schools  of  each 
town,  and  to  one  or  more  of  the  commissioners  of  common  schools 
of  each  city  in  the  county,  of  the  amount  apportioned  to  such  town 
or  city." 

Of  the  whole  amount  which  will  be  received  from  the  Comptrol- 
ler, on  the  1st  of  February,  1848,  and  in  each  year  thereafter  for  the 
ensuing  three  years,  until  the  apportionment  is  altered,  one-fifth  part 
is  to  be  applied  to  the  purchase  of  district  libraries:  that  being  the 
proportion  of  money  appropriated  .by  the  State  for  that  purpose.  It 
is  recommended  to  the  county  treasurers,  that  in  making  their  pay- 
ments to  the  town  superintendents  of  common  schools,  they  desig- 
nate the  exact  sum,  which  is  one-fifth  of  the  whole,  and  specify  it 
as  "  library  money,"  and  the  residue  is  "  teachers'  money." 

By  §  92  am!  93  of  the  act  of  1847,  (Nos.  117  and  118,)  the 
county  treasurer,  on  receiving  from  the  trustees  of  any  school  dis- 
trict an  account,  affidavit  and  certificate  of  unpaid  taxes  assessed  on 
unoccupied  and  unimproved  non-resident  lands,  as  particularly  speci- 
fied in  the  preceding  sections,  (Nos.  114,  115,  116,)  is  to  pay  the 
amount  so  returned  out  of  any  moneys  in  the  treasury  raised  for  con- 
tingent expenses;  and  to  lay  such  account,  affidavit  and  certificate, 
before  the  board  of  supervisors  of  his  county,  who  are  to  cause  the 
amount  so  paid,  (unless  previously  refunded  to  the  county  treasurer  by 
the  person  liable,  §  94,  No.  119,)  to  be  levied  upon  the  lands  of  such 
non-residents  in  the  same  manner  with  other  contingent  charges  of 
the  county.  If  the  amount  so  advanced  by  the  Treasurer  cannot  be 
collected  of  the  persons  liable  to  pay,  the  Comptroller  is  to  refund 
the  same,  and  sell  the  land  in  the  usual  manner  for  arrears  of  taxes. 


TOWN  SUPERINTENDENT.  79 

TOWN  SUPERINTENDENT  OF  COMMON  SCHOOLS. 
His  duties  relate  to, 

1st.  The  division  of  his  town  into  school  districts,  the  alteration, 
regulation  and  description  of  them: 

2d.  The  receiving  and  dividing  the  public  school  moneys  among 
those  districts: 

3d.  The  collection  of  certain  penalties  and  forfeitures: 
4th.  The  inspection  of  schools  and  licensing  teachers: 
5th.  The  making  of  annual  reports  to  the  county  clerk 

By  §  43  of  the  act  of  1847,  it  is  provided  that  in  the  erection  or 
alteration  of  any  school  district,  the  trustees  of  any  district  to  be 
affected  thereby,  may  apply  to  the  supervisor  and  town  clerk  to  be 
associated  with  the  town  superintendent;  and  their  action  shall  be 
final  unless  duly  appealed  from:  the  compensation  of  the  supervisor 
and  town  clerk  when  thus  associated,  shall  be  the  same  as  that  of 
town  superintendent. 

So  much  depends  upon  the  proceedings  of  the  town  superintend- 
ent and  his  associates,  that  too  much  care  cannot  be  taken  to  insure 
their  regular  entry  by  the  town  clerk  in  his  book  of  minutes.  Their 
resolutions  are  valid,  although  not  recorded,  and  thus  the  legality  of 
proceedings  by  trustees  and  inhabitants  of  school  districts  may  be 
affected  without  their  knowledge.  It  is  therefore  earnestly  recom- 
mended to  these  officers  to  require  from  the  town  clerk  the  perform- 
ance of  the  duty  enjoined  on  him  by  law,  of  recording  all  their  pro- 
ceedings; and  in  no  case  to  adjourn  without  personally  examining 
the  minutes  of  their  proceedings  as  entered  in  the  book  kept  for  that 
purpose.  In  no  other  way  can  their  preservation  be  secured,  or  their 
accuracy  insured. 


TOWN  SUPERINTENDENT. 


1 .  Proceedings  in  the  formation  or  alteration  of  School 

Districts. 

As  it  is  presumed  that  the  present  arrangement  of  school  districts 
comprises  all  the  territory  of  the  state,  required  to  be  thus  organized, 
the  future  formation  of  districts  will  necessarily  interfere  with  those 
already  existing;  and  consequently  the  provisions  of  law  relating  to 
the  alterations  of  districts  will  be  applicable  to  such  proceedings. 

In  exercising  the  discretion  vested  in  them  on  this  subject,  it  is 
recommended  to  the  town  superintendents  to  ascertain  and  consult, 
as  far  as  possible,  the  opinions  and  wishes  of  the  inhabitants  of  the 
districts  interested.  The  success  of  the  system  depends  so  much  up- 
on the  hearty  concurrence  of  the  people,  that  it  is  often  better  to 
yield  an  abstract  rule,  in  order  to  produce  unanimity,  than  by  a  rigid 
adherence  to  what  may  be  in  itself  proper,  produce  discord  and  dis- 
sention.  The  good  sense  of  a  district  may  be  relied  upon,  to  per- 
ceive ultimately  its  true  interest,  and  the  loss  of  time  in  attaining 
the  desired  en*d,  is  unimportant  when  compared  with  the  conse- 
quences of  defeating  the  wishes  of  a  decided  majority  in  a  district. 
These  remarks  of  course  are  not  applicable  to  those  clear  and  mani- 
fest cases  where  great  principles  are  involved,  or  where  the  vital  in- 
terests of  a  district  may  be  endangered  by  measures  which,  although 
temporarily  popular,  are  sure  to  be  ultimately  regretted. 

1.  Form  of  a  resolution  creating  a  New  District. 

At  a  meeting,  &c. 

Resolved^  That  a  new  school  district  be  formed  to  consist  of  [the 
present  Districts  No.  1  and  No.  2  ;  or  the  present  District  No.  1 
and  a  part  of  District  No.  2  ;  or  parts  of  Districts  No.  1  and  No. 

2,  as  the  case  may  be,J  which  said  new  district  shall  be  numbered 

J23,]  and  shall  be  bounded  as  follows  :  [on  the  north  by  the  north 
ine  of  the  town  of  Trenton  ;  on  the  east  by  the  easterly  line  of  the 
farms  and  lots  of  land  now  occupied  by  Thomas  Jones,  William 
Thomas,  &c.  ;  on  the  south  by  the  south  line  of  lots  No.  56,  57  and 
58,  as  designated  on  the  map  of  said  town  ;  and  on  the  west  by  the 
westerly  line  of  the  farms  and  lots  now  occupied  by  A,  B,  C,  D, 
&cj 

The  formation  of  the  aforesaid  district,  involving  an  alteration  of 
District  No.  [l  and  No.  2,]  the  consent  of  the  Trustees  of  the  said 
districts  to  such  alteration  has  been  presented  to  the  town  superin- 
tendent, and  filed  with  the  town  clerk.  [Or,  if  such  consent  has 
not  been  given,  the  following  entry  should  be  made  :  The  formation 


TOWN  SUPERINTENDENT.  81 

of  the  aforesaid  district,  involving  an  alteration  of  Districts  No.  1 
and  2,  and  the  consent  of  the  Trustees  of  District  No.  1  to  such  al- 
teration not  having  been  given,  it  is  ordered  that  a  notice  in  writing 
of  the  said  alteration,  signed  by  the  town  superintendent  be  served 
on  one  of  the  Trustees  of  the  said  district,  by  the  town  superinten- 
dent.] 

2.  The  consent  of  the  trustees  of  the  altered  district  maybe  given 
by  endorsing  it  on  a  copy  of  the  order,  as  follows: 

We  hereby  consent  to  the  alterations  made  in  District  No.  1,  in 
the  town  of  Trenton^  by  the  order  of  which  the  within  is  a  copy. 
Dated,  &c. 

'  5'  1  Trustees  o    District 


This  consent,  like  all  other  acts  of  trustees,  should  be  given  at  a 
meeting  of  the  whole,  or  of  a  majority,  when  all  have  been  notified 
to  attend.  The  statute  does  not  require  it  to  be  in  writing;  but  it  is 
advisable  to  prevent  disputes,  that  a  written  consent  should  be  filed 
with  the  town  clerk. 

3.  Form  of  Notice  to  Trustees  not  giving  their  consent  to  an  altera- 
tion of  their  District. 

The  Trustees  of  District  No.  1,  in  the  town  of  Trenton,  will  take 
notice,  that  an  order  was  made  this  day  by  the  town  superintendent 
of  common  schools  of  the  said  town,  of  which  the  following  is  a 
copy,  by  which  certain  alterations  in  the  said  district  are  made  as 
will  appear  by  the  said  order  ;  and  that  such  alterations  will  take 
effect  after  three  months  from  the  service  of  this  notice.  Dated,  8$c. 
G.  H,,  Town  Superintendent  of  Common 

Schools  of  the  town  of  Trenton, 
[Here  insert  copy  of  order  of  town  superintendent.] 

This  notice  may  be  served  on  any  one  of  the  trustees;  and  it  will 
be  found  useful  to  have  an  acknowledgment  of  the  service  by  tbe 
trustee  receiving  the  notice,  endors'ed  on  a  copy  of  it,  and  filed  with 
the  town  clerk. 

4.  Notice  of  the  First  Meeting  in  a  District,  to  organize. 

This  is  required  by  law  to  be  given  within  twenty  days  after  tire 
formation  of  any  district.  If  the  consent  of  the  trustees  of  the  dis- 
tricts interested  has  been  g:ven  to  the  alterations  covered  by  the  or- 

6 


82  TOWN  SUPERINTENDENT. 

der,  then  the  notice  should  be  for  a  day  as  early  as  may  allow  suffi- 
cient time  for  general  -information.  But  if  it  be  necessary  to  give 
notice  of  the  alteration  to  the  trustees  of  any  district,  then  the  notice 
for  the  first  meeting  should  specify  a  clay  subsequent  to  the  expiration 
of  three  months  after  service  of  the  notice  of  alteration,  because  the 
district  cannot  organize  until  after  that  time. 

The  notice  may  be  in  the  following  form: 

To ,  a  taxable  inhabitant  of  District  No.  23,  in  the 

town  of  Trenton. 

The  town  superintendent  of  common  schools  of  the  town  of 
Trenton^  having  by  an  order,  of  which  the  following  is  a  copy,  form- 
ed a  new  district  in  the  said  town,  to  be  numbered  23,  consisting  of 
the  territory  particularly  specified  in  the  said  order  ;  you  are  hereby 
required  to  notify  every  inhabitant  of  the  said  district  qualified  to 
Tote  at  district  meetings,  to  attend  the  first  district  meeting  of  the 
said  district,  which  is  hereby  appointed  to  be  held  at  the  house  of 
in  the  said  town,  on  the  day  of  next, 

at  6  o'clock  in  the  afternoon,  by  reading  this  notice  in  the  hearing 
of  each  such  inhabitant,  or  in  case  of  his  absence  from  home,  by 
leaving  a  copy  of  this  notice,  or  of  so  much  thereof  as  relates  to 
the  time  and  place  of  such  meeting,  at  least  six  days  before  the  said 
time  so  appointed  for  the  said  meeting.  Dated,  &c. 

t  A.  B.,  Town  Superintendent  of  Common 

•  Schools  of  the  Town  of  Trenton. 

A  copy  of  the  order  forming  the  district. should  be  annexed  to  this 
notice,  as  the  most  convenient  mode  of  describing  the  district,  and 
most  likely  to  prevent  errors. 

The  inhabitant  serving  the  notice  should  keep  a  memorandum  of 
the  names  of  the  persons  notified  by  him,  specifying  the  manner  of 
notifying,  whether  by  reading  or  leaving  a  copy,  or  the  substance  of 
the  notice,  at  the  place  of  abode  of  any  absent  voter;  and  this  me- 
morandum, certified  by  him,  shouM  be  delivered  to  the  chairman  or 
clerk  of  the  district  meeting  and  read,  that  it  may  be  ascertained 
whether  notice  has  been  duly  given  so  as  to  justify  'the  voters  in  pro- 
ceeding to  the  transaction  of  business;  and  the  original  notice  and 
return  should  be  filed  with  the  district  clerk,  as  evidence  of  the  regu- 
larity of  the  organization. 

5.  If  either  of  the  districts  from  which  a  new  one  is  formed,  is 
possessed  of  a  school  house,  or  entitled  to  any  other  property,  as  the 
inhabitants  attached  to  the  new  district  ought  to  participate  in  what 


TOWN  SUPERINTENDENT.  83 

has  thus  been  acquired  by  their  contribution,  the  town  superintend- 
ent is  required,  by  section  47,  [No.  72]  of  the  school  laws,  to  sell 
the  school  house  and  other  property  of  the  district  divided,  at  pub- 
lic auction,  giving  notice  of  the  sale  as  required  by  law,  and  by 
§  48  [No.  73]  he  is  to  ascertain  the  amount  justly  due  to  such  new 
district,  on  account  of  such  property.  It  will  be  seen  that  the  stat- 
ute contemplates  the  indebtedness  as  being  in  all  cases  to  the  new 
district,  and  .never  from  it,  and  this  must  necessarily  be  the  case. 
For  if  a  school  house  should  happen  to  fall  within  the  bounds  of 
the  new  district,  still  it  belongs  to  the  district  by  which  it  was  erec- 
ted, and  is  to  be  sold  by  its  trustees.  The  books  in  the  district  li- 
brary, and  all  other  personal  property,  are  to  be  sold  in  like  man- 
ner, as  there  is  no  authority  for  making  any  partition  among  the 
districts,  except  as  provided  by  §  49  [No.  74.] 

The  town  superintendent  having  received  the  proceeds  of  the.  sale 
of  the  common  property  must  ascertain  the  debts  owing  by  the  old 
district,  and  deduct  the  same  from  such  proceeds  and  of  the  balance 
remaining,  the  portion  belonging  to  each  district  is  to  be  determin- 
ed according  to  the  taxable  property  of  the  inhabitants  remaining  in 
the  old,  and  those  attached  to  the  new  district.  The  valuations  of 
such  property  must  be  taken,  as  far  as  possible,  from  the  last  assess- 
ment roll  of  the  town.  The  amount  to  which  the  new  district  is  en- 
titled, viz.,  the  proportion  of  the  inhabitants  attached  to  it,  having 
thus  been  ascertained,  the  town  superintendent  is  to  pay  over  the 
share  belonging  to  the  new  district  to  the  trustees  thereof. 

The  money  thus  received  by  the  new  district  is  not  to  be  paid  to 
the  individuals  whose  portions  have  been  ascertained,  but  is  to  be 
applied  by  the  trustees  receiving  it,  towards  procuring  a  school 
house. 

It  should  be  borne  in  mind,  that  this  sale  and  distribution  of  the 
value  of  the  property  on  hand,  is  to  be  made  only  when  a  new  dis- 
trict is  formed ;  and  that  the  statute  does  not  apply  to  the  case  of  the 
mere  alteration  of  a  district,  by  the  annexation  of  one  or  more  in- 
habitants from  another  district. 

Where  money  is  on  hand,  the  town  superintendent  will,  upon 
proper  application,  cause  an  equitable  apportionment  of  it  to  be 


made  between  the  new  and  old  districts. 


84  TOWN  SUPERINTENDENT. 

/    . . 

6.  By  §  51  oi  the  act  of  December  15th,  1847,  (No.  76.)  a  simi- 
lar sale  of  the  property  belonging  to  a  dissolved  district  is  to  be 
made;  as  in  that  case,  by  the  previous  section  47,  (No.  72,)  the 
new  or  altered  district  succeeds  to  the  rights  of  the  dissolved  or  an- 
nulled district,  in  such  property  as  falls  within  such  new  or  altered 
district.  The  proceedings  of  such  sale  will  be  like  those  already 
given  on  the  formation  of  a  new  district. 

7.  Form  of  a  resolutionfor  the  alteration  of  a  District. 

At  a  meeting  of,  &c., 

Resolved,  That  Districts  number  1  and  number  2,  in  the  said 
town,  be  altered  as  follows,  viz:  by  setting  off  the  farms  and  par- 
cels of  land  occupied  by  John  Brown,  Thomas  Jones  and  William 
Richards,  from  District  number  one,  in  which  they  have  heretofore 
been  included  to  District  number  two,  so  that  the  east  boundary  of 
District  number  one  shall  hereafter  be  the  easterly  line  of  the  farms 
and  parcels  of  lands  occupied  by  A,  B,  C,  D,  &c.,  and  the  westerly 
boundary  of  district  number  two  shall  be  the  westerly  lines  of  the 
farms  and  parcels  of  land  occupied  by  the  said  John  Brown,  Thom- 
as Jones  and  William  Richards;  the  said  John  Brown  having  con- 
sented to  be  set  off  as  aforesaid.  The  written  consent  of  the  Trus- 
tees of  the  said  Districts  number  one  and  two,  having  been  present- 
ed to  the  town  superintendent,  is  filed  with  the  Town  Clerk;  for, 
The  consent  of  the  Trustees  of  the  said  districts  respectively,  (or 
of  District  No.  1  or  2,  as  the  case  may  be,)  not  having  been  given 
to  the  said  alteration,  it  is  ordered,  that  a  notice  in  writing  of  such 
alteration,  signed  by  the  town  superintendent,  be  served  on 
some  one  of  the  Trustees  of  each  of  the  said  districts,  (or  of  District 
No.  1  or  2.)] 

In  the  above  form  it  will  be  seen  that  the  new  boundaries  of  the 
districts,  caused  by  the  alteration,  are  given.  This  is  deemed  very 
necessary  in  order  to  prevent  all  mistake  or  ambiguity,  and  to  pre- 
serve a  continual  record  of  the  actual  bounds  of  the  districts.  If 
any  of  the  persons  set  off  consent  to  the  alteration,  it  should  be 
stated,  so  that  the  trustees  may  know  whether  he  is  taxable  for 
building  a  school  house. 

The  consent  of  trustees  to  the  alteration,  and  in  case  of  their  not 
consenting,  the  notices  to  them,  will  be  as  before  given  under  the 
2d  and  3d  heads. 


TOWN  SUPERINTENDENT.  85 

8.  Proceedings  in  the  formation  or  alteration   of  a  Joint   District 
from  two  or  more  towns. 

A  meeting  of  the  town  superintendents,  &c.,  of  the  different  towns 
must  be  called,  by  a  notice  given  to  each  a  reasonable  time  before 
the  day  appointed.  From  the  language  of  section  46,  (No.  71,)  it 
may  be  inferred  that  the  notice  should  be  given  by  the  town  super- 
intendent of  one  town.  At  all  events,  that  will  be  the  safest  course. 
If  the  town  superintendent  of  one  town,  notified  to  attend  a  joint 
meeting,  for  the  purpose  of  altering  such  district,  shall  refuse  or 
neglect  to  attend,  the  town  superintendent  attending  may  call  a  spe- 
cial meeting  of  the  inhabitants  of  the  district,  who  may  dissolve 
such  district.  This  is  a  special  case,  and  a  special  provision  is  made 
for  it 

The  proceedings  in  the  formation  of  a  joint  district  will  be  in  all 
respects  similar  to  those  previously  given  in  relation  to  ordinary 
cases,  with  the  following  additions: 

As  there  is  no  clerk  assigned  by  law  to  the  town  superintendents, 
the  officers  present  should  sign  the  proceedings. 

The  caption  should  give  the  names  of  the  towns  to  which  the  town 
superintendents  belong;  and  the  resolutions  should  be  recorded  in 
each  of  those  towns. 

II.    Duties  of  Town  Superintendents  in  receiving  and 
dividing  the  Public  School  Money. 

1.  The  town  superintendent  should  apply  to  the  county  treasurer 
for  the  school  money  of  his  town  in  sufficient  time  to  enable  him  to 
make  the  apportionment  on  the  day  prescribed  by  law.     He  should 
be  careful  to  receive  the  whole  amount  apportioned  to,  and  collected 
for,  his  town,  without  any  deduction  for  commissions,  fees,  or  any 
other  charges  of  the  treasurer  or  collector,  or  any  other  officer;  and 
should  see  that  the  bills  paid  are  current  and  good,  as  he  will  be  re- 
sponsible for  the  same  amount  for  which  he  gave  his  receipt. 

2.  A  practice  is  said  to  prevail  of  making   two   divisions  of  the 
public  money  among  the  districts  in  the  course  of  the  year.     This  is 
contrary  to  the  express   provision  of  the   statute,  and  is  exceedingly 
reprehensible.    The  6th  subdivision  of  section  8,  (No.  33,)  makes  it 


86  TOWN  SUPERINTENDENT. 

the  duty  of  the  town  superintendent  to  apportion  the  school  moneys 
received  by  him,  on  the  first  Tuesday  of  April  in  each  year;  and  by 
the  7th  subdivision  of  the  same  section,  if  he  have  received  reports 
from  all  the  districts  before  that  day,  he  is  to  divide  the  money  with- 
in ten  days  after  receiving  all  the  reports  and  the  money. 

0 

3.  He  will  receive  from  the  town  collector  a  sum  equal  to  that  re- 
ceived from  the  county  treasurer,  for  the  support  of  common  schools 
and  the  purchase  of  books.  The  aggregate,  composed  of  these  two 
sums,  is  to  be  apportioned  by  him  among  the  school  districts  of  his 
town,  in  proportion  to  the  number  of  children  over  five,  and  under 
sixteen  years  of  age,  as  that  number  appears  by  the  annual  report 
dated  the  1st  of  January  preceding. 

By  the  third  subdivision  of  original  section  5,  of  Title  2,  of  Chap- 
ter 11,  Part  1,  Rev.  Stat.  (§  9,  of  the  third  edition,)  the  electors  of 
each  town  are  authorized,  at  their  annual  meeting,  to  direct  a  sum 
to  be  raised  in  their  town  for  the  support  of  common  schools  for  the 
ensuing  year,  not  exceeding  that  required  by  law  to  be  raised  by  the 
board  of  supervisors  for  that  purpose.  The  sum  that  may  be  thus 
yoted,  may  be  equal  to  the  whole  amount  which  the  supervisors  are 
authorized  to  assess  on  the  town,  including  both  library  money  and 
teachers'  money.  This  construction  follows  from  the  language  of  the 
fourth  section  of  the  act  of  1838,  respecting  the  U.  S.  Deposite 
Fund,  which  directs  that  the  sum  of  $55,000  shall  be  annually  dis- 
tributed "  to  the  support  of  common  schools;"  although  it  subse- 
quently directs  that  it  shall  be  applied  to  the  purchase  of  a  library. 

By  chapter  257,  of  the  laws  of  1829,  in  those  counties  where  the 
distinction  between  town  and  county  poor  is  abolished,  the  inhabi- 
tants of  towns  having  any  funds  in  the  hands  of  the  overseers  of  the 
poor,  may  appropriate  all,  or  any  part  of  such  funds,  to  such  purpo- 
ses as  shall  be  determined  at  an  annual  or  special  town  meeting.  If 
appropriated  for  the  benefit  of  common  schools,  it  is  made  a  fund  for 
that  purpose,  and  is  placed  under  the  charge  of  the  town  superin- 
tendent of  common  schools  of  the  to\\n.  The  interest  is  to  be  ap- 
plied by  him  "  to  the  support  of  common  schools."  But  the  town 
may,  at  an  annual  meeting,  direct  the  whole  principal,  as  well  as  the 
interest,  to  be  applied  for  the  benefit  of  the  common  schools.  [See 
vol.  1,  2d  ed.  Rev.  Statutes,  page  351,  and  Common  School  Deci- 
sions, page  418.] 


TOWN  SUPERINTENDENT.  87 

The  town  superintendent  will,  therefore,  be  bound  to  distribute  the 
interest,  and  the  principal  when  directed  by  the  town,  equally  among 
the  districts.  He  cannot  adopt  a  more  just  or  convenient  ratio  than 
that  established  by  the  existing  law,  in  relation  to  the  public  mo- 
ney— the  number  of  children  above  five,  and  under  sixteen  years  of 
age. 

No  part  of  the  interest  or  princip  al  of  this  town  fund  can  be  dis- 
tributed as  "library  money;"  "  the  whole  must  be  apportioned  and 
paid  over  as  school  money." 

There  are  laws  of  a  similar  character  respecting  the  gospel  and 
school  lots,  which  are  so  local  and  peculiar  as  not  to  justify  any  par- 
ticular observations  concerning  them,  in  a  general  circular;  except 
that  it  seems  to  the  superintendent  none  of  these  funds  can  be  ap- 
plied to  the  purchase  of  books. 

In  apportioning  and  paying  the  money  in  their  hands  to  trustees 
of  school  districts,  the  town  superintendents  will  bear  in  mind  that 
the  "  teachers'  money"  and  the  "  library  money"  are  entirely  inde- 
pendent of  each  other.  The  report  of  the  trustees  of  school  districts 
may  entitle  them  to  their  "  teachers'  money,"  and  yet  they  may  not 
have  complied  with  the  conditions  upon  which  they  are  authorized  to 
receive  the  "library  money."  For  instance,  they  may  not  have  ex- 
pended the  latter  in  the  purchase  of  books,  or  maps,  globes  and  sci- 
entific apparatus;  and  yet  they  may  have  fully  complied  with  the  law 
in  regard  to  their  schools.  So  they  may  be  entitled  to  "  library  mo- 
ney," and  yet  not  have  had  a  school  kept  four  months  by  a  qualified 
teacher.  In  all  such  cases  the  money  appropriated  to  the  different 
objects,  teachers  or  library,  is  to  be  distributed  upon  the  reports  re- 
lating to  those  objects  only. 

The  teachers'  money  is  to  be  paid  over  "  on  the  written  order  of 
a  majority  of  the  trustees  of  each  district,  to  the  teachers  entitled  to 
receive  the  same."  It  will  therefore  be  incumbent  on  the  town  su- 
perintendent to  satisfy  himself,  both  of  the  genuineness  of  the  order, 
and  that  the  person  presenting  it  has  the  certificate  of  the  trustees 
that  he  is  or  was  a  teacher  of  the  district,  and  duly  qualified  accord- 
ing to  law.  In  order  to  entitle  a  district  to  its  share  of  teachers' 
money,  it  must  appear  from  its  annual  report,  "  that  a  school  had 
been  kept  therein  for  at  least  four  months  during  the  year,  ending  at 
the  date  of  such  report,  by  a  qualified  teacher,"  after  obtaining  a 


88  TOWN  SUPERINTENDENT. 

certificate  of  competency  from  the  proper  authority;  that  all  the 
teachers'  money  received  during  the  year  has  been  expended  in  the 
payment  of  such  teacher;  that  no  other  than  a  duly  qualified  teach- 
er had  at  any  time  during  the  year  for  more  than  one  month  been 
employed  to  teach  the  school  in  said  district;  and  such  report  must, 
in  all  other  respects,  be  in  accordance  with  law,  and  the  requisitions 
and  instructions  of  the  Superintendent,  made  in  pursuance  of  law.  In 
other  words,  it  must  be  in  the  form  prescribed  by  the  Superintendent, 
and  must  contain  all  the  information  required  by  law  and  by  the  de- 
partment to  be  given.  With  the  ample  opportunities  afforded  for 
correction,  and  for  the  interposition  of  the  department  when  requi- 
site, prior  to  the  apportionment,  it  will  hereafter  be  expected  that 
the  apportionment  of  teachers'  money  .will  be  made  with  reference 
exclusively  to  the  reports  and  orders  of  the  department,  then  before 
the  town  superintendent;  and  no  application  subsequently  made  for 
the  interposition  of  the  department  will  be  regarded,  unless  the  most 
satisfactory  explanation  of  the  delay  is  given. 

The  library  money  is  to  be. paid  over  to,  or  on  the  order  of,  a 
majority  of  the  trustees,  on  its  appearing  from  the  annual  report  that 
"  the  library  money  received  at.  the  last  preceding  apportionment 
was  duly  expended  according  to  law,  (in  the  purchase  of  books  suit- 
able for  a  district  library,  or  in  the  purchase  of  maps,  globes,  black 
boards,  or  other  scientific  apparatus  for  the  use  of  the  schools,  in  the 
cases  and  in  the  mode  prescribed  by  the  late  law,  and  which  will 
be  hereafter  considered)  on  or  before  the  first  day  of  October  subse- 
quent to  such  apportionment."  The  report  must  uniformly  be  ac- 
companied with  a  catalogue  of  the  library,  and  must  state  accurately 
the  number  of  volumes  and  their  condition;  and  when  the  money 
has  been  expended  in  the  purchase  of  apparatus,  &c.,  the  authority 
under  which  such  expenditure  has  been  made,  and  a  full  and  partic- 
ular inventory  of  the  articles  purchased,  must  be  specifically  repor- 
ted. 

By  §  147  of  the  act  of  1847,  (No.  184,)  town  superintendents  are 
required  to  apportion  and  pay  to  the  trustees  of  colored  schools,  es- 
tablished in  their  town,  according  to  the  provisions  of  that  section, 
a  portion  of  the  public  money,  according  to  the  number  of  colored 
children  between  the  ages  of  5  and  16  years,  appearing  by  the  re- 
ports of  the  trustees  to  have  been  instructed  in  such  schools  for  at 
least  four  months  during  the  preceding  year  by  a  licensed  teacher, 
and  to  deduct  the  amount  so  apportioned  from  the  shares  of  the  dis- 
tricts from  which  such  children  have  respectively  attended. 


TOWN  SUPERINTENDENT.  89 

1 

III.  Duties  of  Town  Superintendents  in  relation  to  the 
prosecution  and  collection  of  penalties  and  forfei- 
tures. 

1.  By  subdivision  8  of  §  8,  (No.  33,)  the  town  superintendents 
are  to  sue  for  and  collect  by  their  name  of  office,  all  penalties  and 
forfeitures  imposed  by  the  title  relating  to  common  schools,  where 
no  other  provision  is  made.  Under  this  provision  they  are  to  prose- 
cute for  the  sum  of  ten  dollars,  forfeited  by  each  town  superintend- 
ent neglecting  to  make  an  annual  report,  imposed  by  §  22.  (No. 
47.)  The  forfeiture  of  an  amount  equal  to  that  lost  by  their  neglect? 
imposed  by  §  23  (No.  48)  is  to  be  sued  for  by  the  supervisor.  They 
are  also  to  prosecute  for  the  penalty  of  five  dollars  prescribed  by  § 
57,  (No.  82,)  upon  the  refusal  or  neglect  of  any  inhabitant  of  a  dis- 
trict to  serve  the  notice  of  the  first  meeting;  the  same  penalty  for 
altogether  refusing  to  serve  in  a  district  office;  and  the  penalty  of 
ten  dollars  for  neglecting  to  perform  the  duties  of  a  district  office, 
not  having  refused  to  accept  the  same.  This  last  penalty  must  be 
distinguished  from  that  imposed  by  §  145,  (No.  173.)  That  given 
by  No.  104,(  $  79,)  is  to  be  recovered  for  wholly  neglecting  to  per- 
form the  duties  of  a  district  office,  which  the  incumbent  has  colora- 
bly  accepted;  see  6  Co  wen,  479;  while  the  forfeiture  prescribed  by 
No.  173,  (§  145,  act  of  1847,)  is  for  the  neglect  of  any  specific 
duty,  and  may  be  collected  for  any  one  wilful  omission;  and  the  lat- 
ter is  to  be  sued  for  by  the  supervisor  of  the  town. 

They  are  also  to  prosecute  for  the  penalty  of  twenty-five  dollars 
imposed  by  §  123,  (No.  148,)  upon  every  trustee  who  signs  a  false 
report,  with  the  intent  of  obtaining  an  unjust  proportion  of  the 
school  moneys  of  the  town.  There  is  reason  for  suspecting  that  this 
duty  of  trustees,  especially  in  reference  to  the  whole  number  of 
children  between  five  and  sixteen,  in  a  district,  is  often  performed 
erroneously.  Justice  to  the  several  districts  requires  that  the  town 
superintendent  should  be  vigilant  in  detecting  such  errors,  and  in 
applying  the  remedy  provided  by  law,  in  all  cases  where  they  arise 
from  design. 

The  sums  collected  by  them  in  suits  for  penalties,  after  deducting 
their  costs  and  expenses,  are  to  be  added  to  the  school  moneys  re- 
ceived by  them  during  the  year,  and  apportioned  among  the  several 
districts. 


90  TOWN  SUPERINTENDENT. 

For  the  purpose  of  having  authentic  evidence  of  the  amount  col- 
lected, and  of  its  application,  town  superintendents  of  common 
schools  are  hereby  required  to  state  in  their  annual  reports,  whether 
they  have  or  have  not,  since  the  date  of  the  preceding  report,  col- 
lected any  fines,  penalties  or  forfeitures,  and  if  any,  they  must  spe- 
cify the  amount,  and  the  person  of  whom  collected,  the  offence  for 
which  it  was  imposed,  the  amount  of  costs  and  charges  in  its  collec- 
tion, and  the  disposition  made  of  it. 


IV.  Duties  of  Town  Superintendents  in  the  inspection 
of  Schools  and  licensing  of  Teachers. 

The  town  superintendents  are  by  law  inspectors  of  the  common 
schools  of  their  town,  and  are  entitled  to  the  daily  compensation 
provided  by  law,  for  their  services  as  such.  The  performance  of 
their  duties  as  inspectors,  particularly  in  visiting  the  schools,  is  in- 
dispensable to  the  proper  and  faithful  execution  of  their  powers,  as 
they  can  thus  become  acquainted  with  the  actual  condition  of  the 
districts  and  their  schools,  and  be  enabled  to  determine  on  the  pro- 
priety of  any  alterations  necessary  to  improve  them;  nor  should  this 
duty  be  relaxed  in  consequence  of  the  appointment  of  county  super- 
intendents. The  local  information  which  their  situation  enables  them 
to  give,  and  the  benefits  they  will  derive  from  the  suggestions  of  the 
county  superintendents,  will  much  facilitate  the  labors  of  each,  and 
render  them  more  useful. 

The  41st  section  of  the  school  act,  (No.  66,)  makes  it  the  duty 
of  each  town  superintendent  to  visit  all  the  common  schools  in  his 
town  which  shall  be  organized,  at  least  twice  in  each  year,  and  the 
penalty  of  ten  dollars  imposed  by  §  145  of  the  act  of  1847,  (No. 
173,)  for  the  neglect  of  any  duty  prescribed  by  law,  undoubtedly  at- 
taches for  the  omission  to  visit  the  schools.  Each  town  superintend- 
ent should  visit  every  school  in  his  town,  at  least  once  during  each 
term. 

If  the  opinions  of  the  best  and  most  experienced  writers  on  pri- 
mary education,  are  not  entirely  fallacious;  and  if  all  the  results  of 
experience  hitherto  are  not  deceptive,  the  consequences  of  such  a 
vigorous  system  of  inspection  will  be  most  happy.  The  teachers 
and  pupils  will  feel  that  they  are  not  abandoned  to  neglect;  the  ap- 


TOWN  SUPERINTENDENT  91 

prehension  of  discredit  will  stimulate  them  to  the  greatest  effort; 
while  the  suggestion  of  the  visiters  will  tend  constantly  to  the  im- 
provement of  the  schools,  and  they  will  themselves  be  more  and  more 
enabled  to  recommend  proper  measures  from  their  better  acquaintance 
with  the  subject. 

The  following  is  a  form  of  a  certificate  to  be  given  to  a  teacher 
by  the  town  superintendent: 

I  hereby  certify  that  I  have   examined  [here  insert  the  name  of 
the  teacher,]  and  do  believe  that  he  for  she,  as  the  case  may  be,]  is 
well  qualified  in  respect  to  moral  character,  learning  and  ability,  to 
instruct  a  common  school  in  this  town  for  one  year  from  the  date 
hereof. 

Given  under  my  hand  at  this         day  of  18 

C.  D.  Town  Superintendent  of 

Common  Schools  of  the  town  of 

A  certificate  cannot  be  annulled  until  ten  days  previous  notice  in 
writing  has  been  given  to  the  teacher  and  to  the  trustees  of  the  dis- 
trict in  which  he  has  been  employed,  of  the  intention  to  annul  the 
same.  As  the  complaint  must  necessarily  be  stated,  and  its  truth  in- 
vestigated before  any  decision,  it  would  be  more  convenient  to  the 
town  superintendent,  and  more  fair  and  just  to  the  teacher,  to  ap- 
prise him  of  its  nature,  in  the  notice  of  intention  to  annul. 

The  following  may  be  the  form  of  the  instrument  annulling  a  cer- 
tificate: 

Having  inquired  into  certain  complaints  against  A.  B.,  heretofore 
licensed  as  a  teacher  of  common  schools  of  said  town,  and  being  of 
opinion  that  he,  the  said  A.  B.,  does  not  possess  the  requisite  quali- 
fications as  a  teacher,  in  respect  to  moral  character,  [or  "  in  respect 
to  learning,"  or  "  in  respect  to  ability  in  teaching,"  as  the  case  may 
be,]  and  having  given  at  least  ten  days'  previous  notice  in  writing 
to  said  teacher,  and  to  the  trustees  of  the  district  in  which  he  is  em- 
ployed, of  my  intention  so  to  do,  I  have  annulled,  and  hereby  do 
annul  the  said  certificate  and  license  so  granted  as  aforesaid. 

Given  under  my  hand  this  day  of  184 

C.  D.   Town  Superintendent  of 

Common  Schools  of  the  town  of 

\  • 

As  a  note  in  writing,  containing  the  name  of  the  teacher,  and  the 
time  when  his  certificate  was  annulled,  must  be  filed  in  the  town 

i    «'.;.••;  •  o/*  U:v   ,*    *:. 


TOWN  SUPERINTENDENT. 

clerk's  office,  to  give  it  effect,  the  most  convenient  and  effectual 
mode  of  complying  with  the  law,  will  be  to  make  out,  sign  and  file 
a  duplicate  of  the  instrument  itself. 

V.  Duties  of  Town  Superintendents  in  respect  to  their 
Annual  Reports. 

Between  the  first  day  of  July  and  the  first  day  of  August  in  each 
year,  the  town  superintendents  are  to  make  an  annual  report  to  the 
county  clerk.  In  some  instances  these  reports  have  been  errone- 
ously transmitted  to  the  superintendent,  who  cannot  receive  them. 
The  contents  of  this  report  are  specified  in  §  19,  (No.  44,)  and  in 
addition  thereto,  they  are  hereby  required  to  state  in  their  annual 
reports: 

1.  The  number  of  times  the  school   in  each  district  has  been  in- 
spected by  the  town  superintendents,  to  be   taken  from  the   abstract 
furnished  by  the  trustees: 

2.  The   number  of  volumes   in  the  library  of  each  district,   the 
school  house  of  which  is  in  their  town,  as  returned  by  the  trustees: 

3.  The  amount  of  money  expended   in   each   school   district   for 
teachers'  wages,  besides  and  beyond  the   public  money  apportioned 
to  such  district;  that  is,  they  will   condense   from  the  reports  of  the 
trustees  the  amount  paid  by  individuals,  on  rate-bills   or   otherwise, 
and  the  amount  collected  from  any  local  funds,  together  with  all  the 
particulars    required  by  subdivision  8,  of  §19,  No.  44,  of  the  Laws 
of  1847: 

4.  The  school  books  in  use  in  their  respective  towns.     This  will 
be  compiled   from   the  reports  of  the  trustees,  in  which  the  title  of 
each  book,  and  the  aggregate  number  reported  in  all  the  districts 
will  be  stated: 

5.  The  number  of  joint  districts,  the  school  houses  of  which  are 
situated,  wholly  or  in  part,  in  their  town: 

6.  Whether  any  fines  or  penalties  have  been  collected  by  them, 
and  the  amount,  as  herein  before  required: 

7.  They  are  also  hereby  required  to  condense  from  the  reports  of 
the  several  trustees,  and  to  insert  in  their  annual  report,  in  a  tabular 


TOWN  SUPERINTENDENT.  93 

form  as  heretofore  annexed,  the  attendance  of  pupils  in  the  several 
district  schools  for  the  following  different  terms,  viz : 

Those  who  attended  less  than  two  months; 

"  "         two  months  and  less  than  four; 

"  "         four  months  and  less  than  six; 

"  "         six  months  and  less  than  eight; 

"  "         eight  months  and  less  than  ten; 

ten  months  and  less  than  twelve; 
"  "        twelve  months: 

8.  They  are  also  hereby  required  to  report  the  number  of  select 
and  private  schools  in  their  town,  other  than  incorporated  seminaries, 
and  the  average  number  of  pupils  therein,  as  stated  in  the  reports  of 
the  trustees  of  the  several  districts: 

9.  They  are  also  hereby  required  to  condense,  from  the  reports  of 
the  several  trustees,  the  number  of  schools  for  colored  children  taught 
in  their  town,  specifying  the  districts  in  which  such  schools  have  been 
taught,  the  number  of  colored   children  between  the  ages  of  5  and 
16,  attending  such  schools;  and  the  amount  of  public  money  appor- 
tioned to  the  respective  districts  from  which  such  children  attended, 
specifying  such  districts. 

The  most  common  mistake  committed  by  these  officers,  is  in  their 
report  of  the  moneys  received  by  them  or  their  predecessors,  since 
the  date  of  the  last  report.  They  often  confound  this  money  with 
that  received  by  trustees  of  districts,  which  is  an  entirely  different 
item.  This  last  item  is  received  on  the  first  Tuesday  of  April,  and 
reported  by  the  trustees  on  the  first  of  January  following,  and  is 
embodied  in  the  report  among,  the  abstracts  of  the  trustees'  reports 
in  the  columns  headed  "  amount  of  money  received  in  each  district.*3 
But  the  money  received  by  the  town  ;  uperintendent  is  that  paid  to 
them  by  the  county  treasurer  and  town  collector  after  the  first  of 
January,  and  apportioned  by  them  on  or  before  the  first  Tuesday  in 
April,  and  is  not  contained  in  the  reports  of  the  trustees. 

In  making  their  annual  reports  the  town  superintendents  will  see 
that  the  several  columns  of  their  table  are  correctly  footed,  and  the 
figures  plainly  and  distinctly  made. 


94  ANNUAL  AND  SPECIAL  MEETINGS. 


VI.  Liabilities  of  Town  Superintendents. 

By  §  20,  (No.  45,)  town  superintendents  neglecting  to  furnish 
such  information  as  shall  be  required  of  them  by  the  superintendent, 
severally  forfeit  to  their  town  the  sum  of  ten  dollars,  to  be  sued  for 
by  the  supervisor. 

By  §  22,  (No.  47,)  the  same  forfeiture  is  incurred  for  a  neglect  to 
make  their  annual  report  within  the  time  prescribed  by  law;  and 
the  share  of  school  moneys  belonging  to  the  town  for  the  ensuing 
year  may  be  withheld  at  the  discretion  of  the  Superintendent,  and 
distributed  among  the  other  towns  from  which  the  necessary  reports 
were  received;  and  in  that  event,  by  the  succeeding  section,  (No. 
48,)  the  officers  guilty  of  such  neglect  forfeit  to  their  town  the  full 
amount,  with  interest,  of  the  moneys  so  lost. 

By  §  29,  (No.  54,)  every  town  superintendent  refusing  or  neg- 
lecting  to  pay  over  any  balances  remaining  in  his  hands,  &c.,  may 
be  prosecuted  for  such  unpaid  balance,  and  a  recovery  had  against 
him  or  his  representatives  in  case  of  his  death. 

By  §  114,  (No.  139,)  "  If  the  moneys  apportioned  to  a  district 
shall  not  have  been  paid,  it  shall  be  the  duty  of  the  trustees  thereof 
to  bring  a  suit  for  the  recovery  of  the  same,  with  interest,  against 
the  officer  in  whose  hands  the  same  shall  be,  or  to  pursue  such  other 
remedy  for  the  recovery  thereof  as  is,  or  shall  be  given  by  law." 

This  provision  is  not  supposed  to  refer  to  cases  where  the  money 
apportioned  to  a  district  is  retained  in  the  hands  of  the  town  super- 
intendents in  consequence  of  the  failure  on  the  part  of  the  district  to 
comply  with  some  provision  of  law;  but  to  those  only  of  an  illegal 
detention,  where  the  right  of  the  district  is  undisputed. 


ANNUAL  AND  SPECIAL  MEETINGS  OF  INHABITANTS  OF 
SCHOOL  DISTRICTS. 

The  inhabitants  of  the  several  school  districts  are  required  by 
law  to  meet  annually,  §  65,  (No.  90,)  and  special  meetings  are  au- 
thorized to  be  held,  whenever  called  by  the  trustees,  §  69,  (No.  94.) 
The  frequent  opportunities  thus  afforded  for  the  coming  together  of 


ANNUAL  AND  SPECIAL  MEETINGS.  95 

the  inhabitants  of  each  district,  for  deliberation  and  consultation  in 
relation  to  their  schools,  and  the  various  interests  connected  there- 
with, are  calculated  to  exert  a  most  beneficial  influence  in  favor  of 
education;  to  promote  union,  harmony  and  concert  of  action  in  the 
several  districts;  and  to  cement  the  ties  of  friendly  social  intercourse 
between  those  having  a  common  interest  in  the  moral  and  intellectu- 
al culture  of  their  children.  It  is,  therefore,  of  the  utmost  import- 
ance that  they  should  not  be  neglected;  that  the  inhabitants  should 
be  prompt  and  uniform  in  their  attendance;  and  that  the  proceed- 
ings should  be  invariably  characterized  with  that  order,  regularity, 
dignity  and  decorum  which  can  alone  command  respect,  and  ad- 
vance efficiently  the  objects  to  be  accomplished.  To  secure  as  far 
as  possible  the  attainment  of  these  desirable  ends,  it  is  proposed  in 
this  place  to  examine  the  powers  and  duties  of  the  inhabitants,  when 
assembled  in  district  meeting,  the  mode  of  proceeding,  the  keeping 
of  the  minutes  and  records,  the  qualifications  of  voters,  and  some 
other  subjects  of  general  interest,  connected  with  the  proceedings  of 
district  meetings. 

1.  Powers   and  Duties  of  Inhabitants  when  assembled  in  District 

Meeting. 

These  are  particularly  specified  in  §  62,  (No.  87,)  of  the  act. 
They  are  to  appoint  a  chairman  to  adjourn  from  time  to  time  as  oc- 
casion may  require;  to  choose  district  officers  at  their  first  meeting, 
upon  the  organization  of  the  district,  and  as  often  as  vacancies  oc- 
cur, by  expiration  of  the  term  of  office,  or  otherwise  to  designate  a 
site  for  a  district  school  house;  to  lay  such  tax  on  the  taxable  in- 
habitants of  the  district  as  the  meeting  shall  deem  sufficient  to  pur- 
chase or  lease  a  suitable  site  for  a  school  house,  and  to  build,  hire, 
or  purchase  such  school  house,  and  to  keep  in  repair  and  furnish  the 
same  with  necessary  fuel  and  appendages;  and  to  repeal,  alter  and 
modify  their  proceedings  from  time  to  time  as  occasion  may  require, 
and  to  vote  a  tax  to  purchase  a  book  in  which  to  record  the  proceed- 
ings of  the  district. 

By  the  8th  subdivision  of  this  section,  (No.  87,)  the  inhabitants 
are  authorized,  with  the  consent  of  the  town  superintendent,  to  d^sig- 
nate  sites  for  two  or  more  school  houses  for  their  district,  and  to  lay 
a  tax  for  the  purchase  or  lease  thereof,  and  for  the  purchase,  hiring 
or  building  of  school  houses  thereon,  and  the  keeping  in  repair  and 
furnishing  the  same  with  necessary  fuel  and  appendages. 


96  ANNUAL  AND  SPECIAL  MEETINGS. 

This  provision  authorizing  more  than  one  site  and  school  house  is 
intended  for  the  accommodation  of  those  districts  that  may  be  so  pe- 
culiarly situated  as  to  render  a  division  inconvenient  or  not  desirable. 
A  banking  or  other  corporation,  or  some  manufacturing  establish- 
ment liable  to  taxation,  may  thus  be  rendered  beneficial  to  a  large 
territory  and  a  greater  number  of  inhabitants,  instead  of  having  its 
contributions  applied  for  the  benefit  of  a  few.  And  in  populous 
places,  it  may  often  be  convenient  to  have  a  school  for  very  young 
children  distant  from  that  attended  by  those  more  advanced.  In 
these  and  other  cases,  the  districts  should  not  hesitate  to  exercise  the 
power  given  by  this  section.  But  they  should  in  all  cases  obtain 
the  previous  assent  of  the  town  superintendents. 

Section  71,  (No.  96,)  of  this  act  imposes  a  restriction  upon  the 
exercise  of  the  powers  of  school  district  inhabitants  in  levying  tax- 
es. In  addition  to  the  certificate  of  the  town  superintendent  requir- 
ed by  §  70,  (No.  95)  to  authorize  a  tax  exceeding  $400,  to  build, 
hire  or  purchase  a  school  house,  no  such  tax  can  be  raised  without 
the  assent  of  a  majority  of  all  the  taxable  inhabitants  of  the  district, 
to  be  ascertained  by  taking  the  ayes  and  noes  of  those  present  at  the 
meeting  called  for  the  purpose,  or  to  which  the  proposition  to  raise 
such  tax  shall  be  submitted.  A  majority  of  the  taxable  inhabitants 
present  at  the  meeting  will  not  do.  The  affirmative  vote  must  be 
equal  to  a  majority  of  all  the  taxable  inhabitants  residing  in  the 
district.  The  authority  to  reconsider  any  such  vote  cannot  be  exer- 
cised after  thirty  days  from  the  time  the  vote  was  first  taken. 

The  same  section,  No.  87,  §  62,  authorizes  the  inhabitants  in  their 
discretion  and  without  the  assent  of  the  town  superintendents,  to  levy  a 
tax  not  exceeding  $20  in  any  one  year,  for  the  purchase  of  maps,  globes, 
blackboards  and  other  school  apparatus.  The  principal  facts  in  geo- 
graphy are  learned  better  by  the  eye  than  in  any  other  manner,  and 
there  ought  to  be  in  every  school  room  a  map  of  the  World,  of  the 
United  States,  of  this  State  and  of  the  county.  Globes  also  are 
desirable,  but  not  so  important  as  maps.  Large  black  boards  in 
frames,  are  indispensable  to  a  well  conducted  school.  The  opera- 
tions in  arithmetic  performed  on  them,  enable  the  teacher  to  ascer- 
tain the  degree  of  the  pupils'  acquirements,  better  than  any  result 
exhibited  on  slates.  He  sees  the  various  steps  taken  by  the  scholar, 
and  can  require  him  to  give  the  reason  for  each.  It  is  in  fact  an 
exercise  for  the  entire  class;  and  the  whole  school  by  this  public 


ANNUAL  AND  SPECIAL  MEETINGS.  97 

process  insensibly  acquires  a  knowledge  of  the  rules  and  operations 
in  this  branch  of  study. 

Cards  containing  the  letters  of  the  alphabet  or  words,  may  be  use-   « 
fully  hung  up  in  the  room.     Indeed   the  whole   apparatus   provided 
by  Mr.  Holbrook,  is  eminently  calculated  to  facilitate  the  acquisition 
of  knowledge  and  to  render  it  agreeable. 

The  amount  of  the  tax  which  may  be  voted  for  the  purchase  or 
lease  of  sites  for  the  district  school-house,  and  for  the  repairs,  furni- 
ture, fuel  and  appendages,  is  left  wholly  to  the  discretion  of  the  dis- 
trict, and  is  unlimited  by  law;  but  no  tax  for  building,  hiring  or  pur- 
chasing a  school  house,  can  exceed  the  sum  of  four  hundred  dollars, 
unless  on  the  certificate  of  the  town  superintendent  that  a  larger  sum, 
specifying  the  amount,  ought,  in  his  opinion,  to  be  raised;  in  which 
case,  a  sum  not  exceeding  the  sum  so  specified,  may  be  raised,  §70, 
(No.  95.)  If  the  district  raise  a  tax  for  building,  hiring  or  purchas- 
ing two  or  more  school  houses,  a  tax  for  each  may  be  levied,  to 
the  amout  of  four  hundred  dollars,  without  a  certificate  from  the  town 
superintendent. 

By  the  seventy-fourth  section  of  this  act,  (No.  99,)  the  inhabitants 
are  authorised,  whenever  the  site  of  their  school  house  has  been  le- 
gally changed,  to  direct  the  sale  of  the  former  site  or  lot  and  the 
buildings  thereon,  and  appurtenances,  or  any  part  thereof,  at  such 
price  and  upon  such  terms  as  they  shall  deem  most  advantageous  to 
the  district. 

By  the  provisions  relative  to  school  district  libraries,  (No,  158  et 
seq.)  the  inhabitants  of  the  several  districts  are  authorised  to  lay  a 
tax,  not  exceeding  ten  dollars  in  any  one  year,  for  the  purchase  of 
a  district  library,  consisting  of  such  books  as  they  shall,  in  their  dis- 
trict meeting,  direct,  and  such  further  sum  as  they  may  deem  neces 
sary  for  the  purchase  of  a  book  case;  and  also  to  appoint  a  librarian, 
who  is  to  have  the  care  and  custody  of  the  library  so  purchased,  un- 
der such  regulations  as  they  may  adopt  for  his  government. 

These  provisions,  it  will  be  observed,  are  entirely  distinct  from 
those  which  relate  to  the  purchase  of  books  with  the  public  moneys 
provided  by  §  136,  (No.  161.)  They  are  confined  to  such  books  as 
are  obtained  by  means  of  a  district  tax;  and  wherever  the  inhabit- 
ants do  not  choose  to  place  the  latter  on  the  same  footing  with  the 

7 


98  ANNUAL  AND  SPECIAL  MEETINGS. 

former,  the  distinction  should  be  carefully  observed.  The  library 
directed  to  be  purchased  with  the  public  money  provided  for  that 
purpose,  is  to  be  selected  by  the  trustees;  the  inhabitants  have  no  di- 
rect control  over  such  selection;  and  the  rules  and  regulations  for  its 
government  are  to  be  prescribed  by  the  superintendent  alone;  while 
the  library  to  be  raised  by  tax  must  consist  of  such  books  as  the  in- 
habitants, in  district  meeting  shall  direct;  and  the  rules  and  regulations 
for  its  management  may  be  adopted  at  such  meeting.  Still  both  classes 
of  books  may  be  placed  upon  substantially  the  same  footing,  by  a 
general  direction  to  the  trustees  as  to  the  books  to  be  purchased,  and 
the  adoption  of  the  rules  and  regulations  prescribed  by  the  superin- 
tendent. 

Under  the  one  hundred  and  forty-first  section  of  the  afct  of  1847, 
relative  to  district  libraries,  (No.  166)  the  legal  voters  in  any  two  or 
more  adjoining  districts  may,  with  the  approbation  of  the  town  superin- 
tendent, unite  their  library  moneys,  as  they  shall  be  received  or  collect- 
ed, and  purchase  a  joint  library  for  the  use  of  the  inhabitants  of  such 
districts,  to  be  selected  by  the  trustees,  or  such  persons  as  they  shall 
designate,  and  to  be  placed  under  the  charge  of  a  librarian  to  be  ap- 
pointed by  them. 

By  the  one  hundred  and  forty-third  section  of  the  act,  (No.  168,) 
the  legal  voters  in  any  district  are  authorised  to  direct  the  trustees  to 
apply  to  the  superintendent  to  select  and  forward  to  the  county  clerk 
for  the  use  of  the  district,  a  library. 

The  application  of  the  library  money  to  the  purchase  of  suitable 
books,  has  been  directed  by  the  legislature  to  be  continued,  subject 
to  this  single  modification,  viz:  that  "whenever  the  number  of  vol- 
umes in  the  district  library  of  anj  district  numbering  over  fifty  chil- 
dren between  the  ages  of  five  and  sixteen  years,  shall  exceed  one 
hundred  and  twenty -five;  or  of  any  district  numbering  fifty  children 
or  less,  between  the  said  ages,  shall  exceed  one  hundred  volumes,  the 
inhabitants  of  the  district  qualified  to  vote  therein,  may,  at  a  special 
meeting,  duly  notified  for  that  purpose,  by  a  majority  of  votes,  ap- 
propriate the  whole  or  any  part  of  the  library  money  belonging  to 
the  district  'for  the  current  year,  to  the  purchase  of  maps,  globes, 
black  boards,  or  other  scientific  apparatus,  for  the  use  of  the  school. 
And  in  every  district  having  the  required  number  of  volumes  in  the 
library,  and  the  necessary  apparatus,  the  library  money,  with  the  ap- 


ANNUAL  AND  SPECIAL  MEETINGS.  99 

probation  of  the  state  superintendent,  may  be  applied  to  the  payment 
of  teachers's  wages." 

The  object  of  this  enactment  is  two  fold.  It  is  designed,  in  the 
first  instance,  to  secure  to  every  district,  at  least  one  hundred  vol- 
umes of  suitable  books  for  a  district  library;  and  to  districts  num- 
bering over  fifty  children,  one  hundred  and  twenty-five;  and  in  the 
second,  to  authorise  the  inhabitants  of  any  district  so  supplied,  when 
duly  convened  for  that  special  purpose,  to  appropriate  so  much  of 
the  library  fund  for  the  current  year  as  they  may  think  proper,  to  the 
purchase  of  maps,  globes,  black-boards,  or  scientific  apparatus,  for 
the  use  of  the  school.  In  the  absence  of  any  such  appropriation,  or 
whenever  any  balance  remains  unappropriated,  the  library  money  or 
such  unappropriated  balance,  must  be  applied  to  the  purchase  of 
books;  and  in  any  event  the  money  must  be  expended  for  the  one 
or  the  other  of  these  purposes,  on  or  before  the  first  day  of  October 
in  each  year,  either  for  library  books,  school  apparatus,  or  for 
teachers'  wages,  subject  to  the  approbation  of  the  superinten- 
dent. It  is  respectfully  recommended  to  the  inhabitants  of  those 
districts  which  are  already  supplied  with  the  requisite  number 
of  books,  and  of  others,  whenever  they  shall  reach  the  specified  num- 
ber, to  avail  themselves  of  the  power  thus  conferred  upon  them,  to 
supply  their  schools  with  those  useful  articles  of  scientific  apparatus 
which  so  materially  conduce  to  the  improvement  of  the  pupils.  In- 
dependently of  this  appropriation,  no  district  should  dispense  with  a 
black-board;  and  if  suitable  maps,  globes,  and  a  few  of  the  more 
simple  means  of  illustrating  the  elementary  truths  of  science  can  be 
superadded,  the  library  money  for  two  or  three  years,  cannot,  per- 
haps, be  more  advantageously  appropriated.  In  the  mean  time, 
the  books  on  hand  can  be  generally  read;  and  such  additions  to  the 
library  as  the  growing  wants  and  increased  intelligence  of  the  dis- 
trict may  require,  can  then  be  from  time  to  time  procured.  The  ad- 
vice of  the  town  and  state  superintendents  may  at  all  times 
be  had  as  to  the  most  proper  and  judicious  appropriation  of  the 
fund  for  the  purposes  provided  for  by  the  section  under  considera- 
tion. 

By  sub.  9  of  §82,  (No.  107,)  the  power  of  inhabitants  of  districts 
to  direct  the  division  of  the  public  (teachers')  money,  into  not  ex- 
ceeding two  portions  for  each  year,  and  to  assign  and  apply  one  of 
such  portions  to  each  term  taught  during  the  year  by  a  duly  qualified 
teacher,  is  expressly  recognized. 


100  ANNUAL  AND  SPECIAL  MEETINGS. 

The  powers  thus  conferred  upon  inhabitants  of  school  districts, 
must  be  strictly  pursued,  and  can  in  no  case  be  exceeded.  No  vote 
or  proceeding  of  a  district  meeting  can  be  legal  for  which  authority 
is  not  expressly  or  by  necessary  implication,  to  be  derived  from  the 
statute. 

2.  Mode  of  Proceeding. 

As  a  general  rule,  the  punctual  attendance  of  the  inhabitants  of 
the  district  should  be  secured  by  the  organization  of  the  meeting  at 
the  appointed  hour,  after  making  a  fair  allowance,  say  ten  or  fifteen 
minutes,  for  the  variation  of  time  pieces;  at  the  expiration  of  which 
time,  those  in  attendance,  whatever  may  be  their  number,  should  or- 
ganise, by  the  appointment  of  a  chairman.  Any  number  of  inhabit- 
ants, however  small,  are  competent  to  the  transaction  of  the  business 
for  which  the  meeting  was  called,  except  in  the  cases  where  special 
provision  has  otherwise  been  made;  but  if  there  be  only  a  very  small 
number  present,  it  will  be  advisable  to  adjourn  the  meeting.  The 
clerk  of  the  district,  if  present,  will  act  as  clerk  of  the  meeting; 
and  in  case  of  his  absence,  any  other  inhabitant  of  the  district  may 
be  designated  by  the  meeting  to  act  as  clerk  pro  tern.  The  inhab- 
itants will  then  proceed  to  the  transaction  of  the  business  for  which 
they  were  convened. 

Where  officers  of  the  district  are  to  be  chosen,  the  choice  should 
be  by  ballot,  separately  for  each  office;  and  this  mode  of  proceeding 
should  never  be  dispensed  with  where  there  is  reason  to  believe  any 
difference  of  opinion  exists  as  to  the  proper  persons  to  be  chosen. 
Where  no  such  difference  of  opinion  exists,  it  is  still  better  to  re- 
gard the  choice  by  ballot  as  the  regular  mode,  and  when  dispensed 
with  in  any  individual  case,  it  should  be  done  by  express  resolution. 
All  other  business  of  the  meeting  should  be  transacted  by  written 
resolutions,  regularly  put  to  vote  in  the  customary  manner;  and 
where,  for  any  reason,  the  result  cannot  be  accurately  ascertained, 
the  numbers  voting  for  or  against  any  resolution,  should  be  determ- 
ined by  a  count  or  by  ayes  and  noes.  For  this  purpose  it  would  be 
well  for  the  clerk  to  have  always  in  readiness  a  list  of  the  legal 
voters  of  the  district,  with  a  series  of  columns  attached,  to  designate 
the  manner  in  which  each  person  votes  on  any  question  that  may 
be  submitted.  When  the  site  is  to  be  changed  in  a  district  that  has 
not  been  alteredj  the  law  specifically  requires  the  vote  to  be  taken 
by  ayes  and  noes.  Such  lists  may  be  in  the  following  form  : 


ANNUAL  AND  SPECIAL  MEETINGS. 


101 


Names  of  Voters. 

On   change    of 
site  of  school 
house. 

On    motion    to 
build    school 
house. 

On    resolution 
to    raise  tax 
$150. 

On  resolution  to 
raise  tax  for 
apparatus. 

A. 

N. 

A. 

N. 

A.    | 

N. 

A. 

N. 

John  Morehouse, 

— 

— 

— 

— 

Jacob  Custis,  .  .  . 

^ 

— 

— 

— 

Thomas  Budd,.  . 

— 

— 

— 

— 

William  Carroll, 

— 

— 

— 

— 

Henry  Beltis,.  .  . 

— 

— 

— 

— 

Fred'riek  Hough, 

•~~~ 

•  ""•**  * 

~~ 

— 

4 

2 

4 

2 

3 

3 

4 

2 

3.  Mcde  of  keeping  minutes  and  records  of  the  proceedings. 

The  person  acting  as  clerk  should  keep  accurate  minutes  of  the 
proceedings  on  loose  sheets  of  paper;  and  before  the  meeting  is 
finally  adjourned,  these  minutes  should  be  read  and  approved  by  the 
meeting,  and  signed  by  the  chairman  and  clerk,  and  afterwards 
transferred  into  the  record  book  of  the  district.  The  following  gen- 
eral form  may  be  used  for  this  purpose: 

Form  of  Minutes  to  be  kept  by  the  District  Clerk,  of  proceedings 
of  district  meetings. 

At  a  meeting  of  the  legal  voters  of  school  district  number  > 

in  the  town  of  ,  held  pursuant  to  adjournment,  at 

,  on   the  day  of   18     ,  [or  if  it   be  the  annual 

meeting,  say,  "  at  an  annual  meeting  of,  $c.9  held  pursuant 
to  appointment  and  public  notice,  at,  $*c."  Or  if  it  be  a  special 
meeting,  say,  "at  a  special  meeting  of,  fyc.,  called  by  the  trustees 
of  said  district,  and  held  pursuant  to  special  notice,  at,  fyc.  , 

on  the  day  of,  $*c.]      A.  B.  was  chosen  chairman,  and  C.  D. 

was  present  as  district  clerk,  (or  if  the  clerk  be  not  present,  say  E. 
F.  was  appointed  clerk  pro  tern.,  the  district  clerk  being  absent.) 

Resolved,  unanimously,  (or  by  a  majority  of  the  votes  present^ 
as  the  case  may  be,  [here  enter  the  proceedings  of  the  district  in  the 
form  of  resolutions,  and  with  as  much  precision  and  certainty  as 
possible.] 

Where  the  subject  of  a  change  of  site  in  an  unaltered  district,  has 
been  under  discussion,  and  a  determination  had  by  the  district,  in 
the  manner  prescribed  by  §  73,  [No.  98,]  the  proceedings  should  be 
'particularly  recorded,  in  the  following  form: 


102  ANNUAL  AND  SPECIAL  MEETINGS. 

At  a  meeting  of  the  taxable  inhabitants  of  district  No.  , 

in  the  town  of  ,  held  at  the  school  house,  in   pursuance 

of  notice  to  all  the  legal  voters  therein  on  the  day  of  , 

18  ,  A.  B.  was  chosen  chairman,  and  C.  D.  was  present  as  dis- 
trict clerk,  or  (E  F.  was  appointed  clerk  pro  tern.,  the  district  clerk 
being  absent.)  The  written  consent  of  the  Town  Superintendent 
of  Common  Schools  of  the  town  having  been  read,  stating  that  in 
his  opinion  the  removal  of  the  site  of  the  school  house  in  said  dis- 
trict is  necessary:  And  it  having  been  moved  and  seconded  that  the 
present  site  of  the  school  house  in  the  said  district  be  changed,  and 
that  the  northeast  corner  of  lot  No.  10,  in  the  said  town,  (or  of  the 
farm  now  occupied  by  A.  B.  on  the  northeast  corner,  formed  by  the 
intersection  of  two  certain  roads,  &c.>  describing  them,)  be  desig- 
nated as  the  site  of  a  school  house  for  the  said  district,  and  the  ques- 
tion taken  by  ayes  and  noes,  it  was  carried,  two-thirds  of  all  the 
taxable  inhabitants  of  said  district  being  present  at  such  special 
meeting  voting  for  such  removal,  and  in  favor  of  such  new  site: 
Those  who  voted  in  the  affirmative  were  John  Morehouse,  Thomas 
Budd,  William  Carroll  and  Frederick  Hough,  &c.;  those  who  voted 
in  the  negative,  were  Jacob  Curtis  and  Henry  Bettis,  &c. 

Ayes  4.     Noes  2. 

[In  stating  the  ayes  and  noes,  the  Christian  names  of  the  ovetrs 
should  be  given.] 

[Or,  and  the  question  being  taken  by  ayes  and  noes,  it  was  lost, 
two-thrds  of  all  the  taxable  inhabitants  of  said  district  not  voting  in 
favor  thereof.  The  votes  are  then  to  be  stated  as  before.] 

After  changing  the  site  of  the  school  house,  in  the  manner  before 
prescribed,  the  voters  of  the  district,  at  the  same  or  any  subsequent 
meeting,  may  pass  a  resolution,  by  a  majority  of  those  present,  in 
the  ordinary  mode,  directing  the  trustees  to  sell  the  house,  according 
to  No.  99. 

4.  Qualification  of  voters. 

Great  difficulty  has  been  heretofore  experienced  in  ascertaining  the 
requisite  legal  qualifications  for  voters  in  school  district  meetings. 
The  act  of  1847  has  removed  this  difficulty,  by  defining  them  partic- 
ularly, and  has  pointed  out  the  means  of  ascertaining  the  right  of 
any  individual  to  vote  in  such  meetings,  by  a  challenge,  §  59,  60, 
61,  (Nos.  84,  85,  86.) 

The  following  general  qualifications  are  required  in  all  cases: 

1.  The  voter  must  be  a  male. 

2.  Of  full  age,  that  is,  twenty-one  years  old,  or  more. 

3.  He  must  be  an  actual  resident  df  the  district. 


ANNUAL  AND  SPECIAL  MEETINGS.  103 

In  addition  to  the  above,  the  voter  must  possess  one  or  other  of  the 
following  qualifications: 

4.  He  must   be  entitled  by  law  to  hold   land  in   this   State,   and 
must   own  or  hire   real  property  in  the  district,  subject  to  taxation 
for  school  purposes;  or, 

5.  He  must  be  authorised  to  vote  at  town   meetings  of  the   town 
in  which  the  district  or  part  of  a  district  is  situated;  must  have  paid 
a  rate  bill  for   teacher's   wages  in  the  district   within  one  year  pre- 
ceding, or  must  own  personal  property,  liable  to  be  taxed  for  school 
purposes  in  the  district,  exceeding  fifty  dolfars  in  value,  exclusive  of 
what  is  exempt  from  execution. 

.  Under  the  above  4th  division,  are  included  two  classes  of  persons; 
citizens  owning  or  hiring  real  property,  subject  to  taxation,  and 
aliens  not  naturalised,  who  have  filed  the  affidavit  prescribed  by  § 
16,  of  title  1,  chap.  1,  part  2,  Revised  Statutes,  of  their  intention  to 
become  citizens,  and  of  having  taken  the  necessary  incipient  mea- 
sures for  that  purpose,  and  who  own  or  hire  real  property  in  the  dis- 
trict subject  to  taxation  for  school  purposes.  It  does  not  extend  to 
those  who  have  personal  property,  but  neither  own  or  hire  real  pro- 
perty. The  provision  was  intended  to  meet  the  case  of  residents,  who, 
although  not  entitled  to  vote  at  town  meetings,  may  have  a  strong 
interest  in  the  proceedings  of  district  school  meetings. 

In  reference  to  the,  above  5th  division,  those  "  citizens  of  the  sev- 
eral towns  in  this  State,  qualified  by  the  Constitution  to  vote  for  elec- 
tive officers,"  are  entitled  to  vote  at  meetings.  [§  1,  title  2,  chap. 
11,  part  1,  Revised  Statutes.]  Of  course,  persons  claiming  to  vote 
at  district  meetings  under  this  qualification,  must  have  been  inhaBi- 
tants  of  the  State  for  one  year,  of  the  county  for  four  months  imme- 
diately preceding,  and  must  then  be  actual  residents  of  the  town. 
To  these  must  be  added  some  one  of  the  qualifications  above  specified 
in  division  5.  By  §  60,  (No.  85,)  a  challenge  is  allowed,  and  the 
declaration  that  may  be  required  is  given  ;  and  by  §  61,  (No.  86,) 
penalties  for  a  false  declaration,  and  for  voting  without  being  quali- 
fied, are  imposed. 

5,  Reconsideration  of  proceedings. 

The  inhabitants  of  school  districts  may  reconsider  and  repeal,  alter 
.and  modify  their  ordinary  proceedings  at  any  time  before  they  have 


104  ANNUAL  AND  SPECIAL  MEETINGS. 

been  carried  into  effect,  either  wholly  or  in  part.  But  the  intention 
to  do  so,  should  be  explicitly  set  forth  in  the  notice  of  the  meeting 
called  for  that  purpose.  When,  however,  contracts  have  actually 
been  entered  into,  liabilities  incurred,  or  expenditures  of  money  had, 
in  the  prosecution  of  any  measure  directed  by  the  district,  a  recon- 
sideration will  not  be  sanctioned,  as  no  means  exist  to  indemnify 
those  who  may  be  the  losers  thereby,  and  an  election  of  school  dis- 
trict officers  cannot  be  reconsidered  at  a  subsequent  meeting. 

6.  Taxes  should  be  specifically  voted. 

< 

Where  a  tax  is  voted  by  the  inhabitants  for  any  purpose,  the  spe- 
cific amount  of  the  tax,  and  the  particular  purpose  for  which  it  is  de- 
signed, should  be  fully  and  clearly  stated.  And  where  several  objects 
of  expenditure  are  to  be  provided  for,  the  amount  to  be  raised  for 
each  should  be  expressed  in  the  resolution,  in  order  that  the  district 
and  the  trustees  may  know  the  precise  extent  of  their  liability,  and 
the  mode  of  its  application.  There  may  be  cases,  however,  where 
the  necessary  amount  to  be  raised,  cannot  be  ascertained  with  any 
•approach  to  accuracy;  and  in  such  cases  the  district  may  direct  the 
performance  of  specific  acts  by  the  trustees,  or  authorise  them  to  in- 
cur such  expenses  as  may  be  necessary  to  the  accomplishment  of  a 
particular  object,  to  be  specified;  and  the  trustees  are  then  authorised 
by  §  109,  (No.  134,)  to  raise  such  amount  by  tax  upon  the  district 
in  the  same  manner  as  if  the  definite  sum  to  be  raised  had  been  vo- 
ted. This  general  delegation  of  authority  should,  however,  be  resor- 
ted to  only  in  cases  of  necessity. 

7.  Designation  of  site  of  school  house. 

When  the  site  of  a  school  house  is  to  be  fixed,  it  should  be  desig- 
nated with  distinctness  and  precision,  It  is  very  common  in  many 
of  the  districts  to  vote  a  site  in  general  terms,  as  at  or  near  a  par- 
ticular spot,  between  two  points,  or  by  other  equally  vague  descrip- 
tions; and  in  some  instances,  the  precise  location  has  been  left  to 
the  discretion  of  the  trustees,  or  of  a  committee  appointed  for  that 
purpose.  All  this  is  directly  contrary  to  law.  The  inhabitants  in 
district  meeting  assembled,  are  "  to  designate  a  site  for  a  district 
school  house,"  and  this  designation  must  be  sufficiently  explicit,  and 
must  be  described  by  metes  and  bounds,  or  other  known  and  perman- 
ent landmarks,  to  enable  the  trustees  to  locate  the  site,  and  to  con- 


ANNUAL  AND  SPECIAL  MEETINGS.  105 

tract  for  and  receive  a  title  to  the  same;  and  the  best  rule  will  be  to 
make  such  a  description  as  would  be  required  in  a  deed  of  the  pre- 
mises. 

8.  Change  of  site. 

By  §  73,  (No.  98,)  it  is  provided  that  "  whenever  a  school  house 
shall  have  been  built  or  purchased  for  a  district,  the  site  of  such 
school  house  shall  not  be  changed,  nor  the  building  thereon  be  re- 
moved, as  long  as  the  district  shall  remain  unaltered,  unless  by  the 
consent  in  writing  of  the  town  superintendents  of  common  schools, 
or  a  majority  of  them,  of  the  town  or  towns  within  such  district,  shall 
be  situated,  stating  that  in  their  opinion  such  removal  is  necessary; 
nor  then,  unless  two-thirds  of  all  the  taxable  inhabitant  of  the  dis- 
trict at  a  special  meeting  of  such  district  called  for  that  purpose,  and 
qualified  to  vote  therein,  shall  vote  for  such  removal,  and  m  favor  of 
such  new  site." 

This  provision  is  designed  to  secure  permanency  in  the  location  of 
the  district  school  house,  while  the  circumstances  under  which  it  was 
so  located  remain  substantially  the  same.  But  when  an  alteration 
has  taken  place  in  the  district,  since  such  location,  either  by  the  ad- 
dition of  new  inhabitants,  and  the  consequent  annexation  of  new  ter- 
ritory from  the  adjoining  districts,  or  by  the  setting  off  of  a  portion 
of  the  inhabitants  and  territory  to  some  other  district,  then,  the  rea- 
son for  the  enactment  failing,  a  change  of  site  may  be  voted  by  a 
majority  of  the  altered  district,  in  the  usual  manner.  When  the  new 
site  is  again  established,  either  in  this  manner,  or  by  a  two-third 
vote,  as  provided  in  the  section  above  quoted,  the  same  principle  a- 
gain  prevails.  No  further  alteration  can  be  made  while  the  district 
remains  substantially  in  the  same  condition  as  when  the  new  site 
was  fixed. 

The  alterations  here  referred  to,  must  be  such  as  are  made  in  the 
territorial  boundaries  of  the  district.  Changes  of  residence  by  the 
inhabitants  out  of  the  district,  or  the  removal  of  persons  into  it  from 
other  districts,  cannot  be  deemed  alterations  within  the  meaning  of 
the  law,  while  the  territory  remains  the  same. 

The  experience  of  this  department  has  shown  that  by  far  the  most 
fertile  sources  of  contention  and  difficulty  in  the  various  school  dis- 
tricts, originate  from  the  proceedings  of  the  inhabitants  connected 


106  ANNUAL  AND  SPECIAL  MEETINGS. 

with  the  change  of  the  site  of  their  school  house.  Such  a  measure 
should,  therefore,  only  be  adopted  when  the  convenience  and  accom- 
modation of  the  inhabitants  will  be  essentially  promoted  thereby; 
when  the  altered  situation  of  the  district  imperatively  requires  a 
change;  and  even  then,  the  full  and  hearty  concurrence  not  merely 
of  a  clear  and  decided  majority  of  the  district,  but  of  the  inhabitants 
generally  should  be  secured  before  any  final  decision  is  made.  There 
must  always  be  a  portion  of  the  inhabitants,  residing  at  the  extremi- 
ties of  the  district,  who  will  experience  more  or  less  inconvenience, 
at  particular  seasons  of  the  year,  in  consequence  of  their  distance  from 
the  school  house;  but  it  is  better  that  these  partial  inconveniences 
should  be  submitted  to,  than  that  they  should  be  transferred  to  others 
and  the  whole  district  plunged  into  a  contention  respecting  the  site. 
But  when,  in  consequence  of  the  enlargement  of  the  boundaries  of 
the  district,  a  change  is  indispensable,  the  inhabitants  should  come 
together  in  a  conciliatory  and  friendly  spirit,  having  no  other  object 
in  view  than  the  best  interests  of  the  district  and  the  convenience  of 
the  greatest  number:  and  their  action  should  be  deliberate  and  cir- 
cumspect— reconciling,  as  far  as  possible,  the  interests  of  all,  and  re- 
jecting every  proposition  calculated  to  sow  the  seeds  of  dissension  or 
disturbance  in  any  portion  of  the  district:  bearing  in  mind  that  a 
mere  numerical  triumph,  leaving  a  large  minority  dissatisfied  and  ir- 
ritated, however  gratifying  to  the  successful  party  for  a  time,  is  but 
a  poor  compensation  for  a  divided  and  distracted  district,  and  an 
embittered  and  hostile  neighborhood. 

9.  Building,  Hiring,  purchasing  and  Repairing  of  School  Houses 
and  providing  Furniture  and  Appendages. 

When  a  tax  is  voted  by  the  inhabitants  of  a  district  for  building 
a  school  house,  it  is  important,  not  only  that  the  specific  amount  to 
be  raised  should  be  stated,  but  if  any  portion  of  it  is  designed  to  be 
expended  in  the  erection  of  other  appurtenances,  such  as  a  wood- 
house,  necessary,  or  fence,  that  those  purposes  should  be  specifically 
set  forth  in  the  resolution.  It  would,  in  all  cases,  be  desirable  that 
a  committee  of  the  inhabitants,  consisting  of  or  including  the  trustees, 
who  are  charged  by  law  with  the  execution  of  the  work,  should  be 
appointed  to  digest,  and  under  the  advice  of  the  town  superintendent, 
mature  a  full  plan  for  the  building,  appendages  and  appurtenances, 
together  with  a  detailed  estimate  of  the  expense,  and  to  submit  the 
same  at  an  adjourned  meeting,  for  the  sanction  and  approval  of  the 
district.  From  this  proceeding  many  useful  results  would  follow. 


ANNUAL  AND  SPECIAL  MEETINGS.  107 

The  trustees  would  be  placed  in  possession  of  all  the  information 
necessary  to  enable  them  efficiently  and  systematically  to  discharge 
their  duties  in  contracting  for  and  superintending  the  erection  of  the 
house;  an  opportunity  would  be  afforded  of  obtaining  and  comparing 
the  best  models  of  architecture,  and  the  inhabitants  would  be  enabled 
to  discuss  at  their  leisure  the  several  plans  submitted,  and  to  consult 
their  convenience,  taste  and  accommodation,  in  the  several  details. 

The  school  house,  when  built  or  purchased,  should  never  be  per- 
mitted to  remain  for  any  length  of  time  out  of  repair.  It  is  the  du- 
ty of  the  trustees  to  keep  it  in  repair,  and  the  district  should,  when- 
ever called  upon,  provide  for  the  expense.  They  should  also  see  that 
the  school  rooms  are  properly  furnished  with  fuel,  prepared  for  use; 
that  all  the  necessary  articles  of  furniture  are  provided;  that  the  seats, 
desks,  and  other  fixtures,  are  in  good  condition,  and  that  the  district 
library,  the  apparatus  for  the  school,  and  all  the  other  property  of 
the  district  is  properly  taken  care  of,  and  such  articles  as  are  wanted, 
promptly  furnished.  In  other  words,  the  district  should  exercise  a 
constant  supervision  over  its  officers,  and  provide  the  means  for  an 
efficient  discharge  of  their  duties. 

When  it  is  supposed  that  more  than  four  hundred  dollars  will  be 
necessary  to  build,  hire  or  purchase  a  school  house,  care  should  be 
taken  to  procure  the  certificate  of  the  town  superintendent  before  the 
tax  is  voted  by  the  district,  as  such  certificate  seems  by  the  act  and 
has  been  held  by  this  department  to  be  indispensable  to  authorise  the 
vote.  If  there  be  a  site  and  house,  they  should  be  sold,  and  the  pro- 
ceeds applied  first  to  the  purchase  of  the  new  site,  and  next  to  the 
building.  And  whatever  sum  is  applicable  to  the  erection  or  pur- 
chase of  the  school  house,  must,  according  to  a  decision  of  this  de- 
partment, go  in  reduction  of  the  amount  which  the  district  may  vote 
for  a  school  house.  (Decisions,  p.  183.)  Thus,  if  the  former  site 
and  building  sell  for  two  hundred  dollars,  and  fifty  dollars  be  applied 
to  the  procuring  a  new  site,  the  remaining  150  dollars  being  appli- 
cable to  the  new  house,  the  district  cannot  vote  a  tax  of  more  than 
two  hundred  and  fifty  dollars  for  the  building,  without  the  consent 
of  the  town  superintendent. 

The  following  will  be  a  proper  form  of  a  resolution  for  raising  a 
tax  for  the  erection  of  a  school  house. 

The  certificate  of  the  town  superintendent  of  common  schools  of 


108  TRUSTEES  OF  SCHOOL  DISTRICTS. 

the  town  of  having  been  obtained,  that  in  his  opinion  a  larger 

sum  than  four  hundred  dollars  ought  to  be  raised  for  building  a  school 
house  in  the  said  district,  namely,  the  sum  of  six  hundred  dollars, 
[or  whatever  the  whole  sum  may  be.] 

Resolved,  That  the  said  sum  of  six  hundred  dollars  be  ra.sed  by  a 
tax  upon  the  said  district  for  the  purpose  of  building  a  school  house 
therein. 

The  resolution  for  the  purchase  of  a  site  should  be  distinct  and  may 
be  in  the  following  form: 

Resolved,  That  the  sum  of  fifty  dollars  be  raised  by  tax  upon  the 
said  district,  for  the  purchase  of  the  site  for  a  new  school  house, 
heretofore  designated  by  the  legal  voters  thereof. 

Either  or  both  of  the  above  taxes  may  be  raised,  but  cannot  be 
expended,  before  a  site  is  purchased  and  a  legal  title  procured. 

Whenever  there  is  a  deficiency  in  the  amount  of  any  tax  directed 
to  be  raised,  the  inhabitants  of  the  district  are  directed  by  section 
eighty-four,  of  the  act  of  1847,  (No.  109,)  to  raise  the  necessary 
sum  by  a  new  tax. 

The  following  will  be  the  proper  form  of  the  resolution  for  raising 
a  tax,  payable  by  instalments,  under  §  71,  (No.  96.) 

The  certificate  of  the  town  superintendent  of  the  town  of 
having  been  obtained,  stating  that  in  his  opinion  a  larger  sum  than 
four  hundred  dollars  ought  to  be  raised  for  building  a  school  house 
in  said  district,  namely  the  sum  of  one  thousand  dollars  [or  whatever 
the  sum  may  be,  | 

Resolved,  (a  majority  of  all  the  taxable  inhabitants  of  said  district 
being  present,  and  concurring  herein,  as  appears  by  the  ayes  and 
nays  taken  of  those  present;)  That  the  said  sum  of  one  thousand 
dollars  be  raised  by  tax  upon  the  said  district,  to  be  paid  in  four 
equal  annual  instalments  of  two  hundred  and  fifty  dollars  each,  for 
the  purpose  of  building  a  school  house  therein. 

TRUSTEES  OF  SCHOOL  DISTRICTS. 

Their  duties  and  powers. 

These  officers  are  to  be  chosen  by  the  inhabitants  of  the  district 
entitled  to  vote,  at  their  first  meeting,  and  thereafter  at  any  annual 


TRUSTEES  OF  SCHOOL  DISTRICTS.  10 

or  special  meeting  legally  convened,  whenever  there  is  a  vacancy, 
by  expiration  of  their  term  of  office  or  otherwise.  They  are  to  hold 
their  offices  "  until  the  annual  meeting  of  such  district  next  following 
the  time  of  their  appointment,  and  until  others  shall  be  elected  in 
their  places."  §  76,  (No.  101.)  In  case  of  the  existence  of  a  va- 
cancy, by  the  death,  refusal  to  serve,  removal  out  of  the  district,  or 
incapacity  of  the  incumbent,  unless  such  vacancy  is  supplied  by  a 
district  meeting  within  one  month  thereafter,  it  is  the  duty  of  the 
town  superintendent  of  common  schools  to  appoint  some  person  to 
supply  such  vacancy.  The  expiration  of  their  term  of  office,  also 
creates  a  vacancy;  and  if,  for  any  reason,  the  annual  meeting  passes 
over,  without  the  election  of  officers,  ample  provision  is  made,  (see 
Nos.  91,  92  and  93,)  for  the  calling  of  a  special  meeting  to 
supply  such  vacancy;  and  in  the  meantime  the  old  officers  hold  over, 
until  others  are  elected  in  their  places,  as  in  such  case  of  vacancy, 
the  town  superintendent  has  no  authority  to  appoint. 

By  §  79,  (No.  104,)  <c  every  person  duly  chosen  or  appointed  to 
any  such  office,  who  without  sufficient  cause  shall  refuse  to  serve 
therein,  shall  forfeit  the  sum  of  five  dollars;  and  every  person  so 
chosen  or  appointed,  and  not  having  refused  to  accept,  who  shall 
neglect  to  perform  the  duties  of  his  office,  shall  forfeit  the  sum  of 
ten  dollars." 

By  §  80,  (No.  105,)  "  any  person  chosen  or  appointed  to  any 
such  office,  may  resign  the  same,  by  presenting  his  resignation  to  the 
town  superintendent  of  the  town  where  such  officer  shall  reside,  who 
is  authorised  to  accept  the  same." 

By  §  6,  of  the  act,  (No.  30,)  "  no  town  superintendent  of  a  town 
shall  hold  the  office  of  trustee  of  a  school  district,  nor  shall  a  person 
chosen  a  trustee,  hold  the  office  of  district  clerk,  and  no  town  super- 
intendent shall  hold  the  office  of  either  supervisor  or  town  clerk." 

By  §  63,  act  of  1847,  "  the  trustees  chosen  at  the  first  legal 
meeting  of  any  school  district,  shall  be  divided  by  lot  into  three 
classes,  to  be  numbered  one,  two  and  three;  the  term  of  office  of  the 
first  class  shall  be  one  year,  of  the  second,  two,  and  of  the  third, 
three;  and  one  trustee  only  shall  thereafter  annually  be  elected,  who 
shall  hold  his  office  for  three  years,  and  until  a  successor  shall  be 


110  TRUSTEES  OF  SCHOOL  DISTRICTS. 

duly  elected  or  appointed.  In  case  of  a  vacancy  in  the  office  of 
either  of  the  -trustees,  during  the  period  for  which  he  or  they  shall 
have  been  respectively  elected,  the  person  or  persons  chosen  or  ap- 
pointed to  fill  such  vacancy  shall  hold  the  office  only  for  the  unex- 
pired  term." 

This  extension  of  the  official  term  of  trustees  to  three  years,  com- 
bined with  the  annual  choice  of  one  of  their  number,  is  regarded  as 
a  very  important  improvement  of  the  system,  securing,  as  it  does, 
uniformity,  stability  and  harmony  in  the  councils  of  the  district,  and 
preventing  that  ignorance  of  its  previous  arrangements  and  affairs, 
which  has  so  frequently  been  found  not  only  to  paralyze  the  exer- 
tions of  new  trustees,  but  to  involve  them  in  pecuniary  embarrass- 
ment and  subject  them  to  personal  liability.  On  the  accession  of  a 
new  trustee,  under  the  present  arrangement,  he  will  find  two  expe- 
rienced colleagues  already  in  office,  conversant  with  all  the  affairs  of 
the  district,  and  able  and  willing  to  aid  and  co-operate  with  him  in 
the  discharge  of  his  duties.  All  the  deliberations  and  actions  of  the 
board  under  this  arrangement,  will  partake  of  a  greater  uniformity, 
and  become  more  systematic.  Teachers  will  be  likely  to  be  retained 
for  a  longer  period  :  contracts  will  be  likely  to  be  more  promptly 
fulfilled,  and  taxes  and  rate  bills  to  be  more  accurately  made  out  and 
more  speedily  collected;  and  order  and  harmony  will  gradually  suc- 
ceed to  the  chaotic  confusion  and  irregularity  which  now  too  gener- 
ally characterize  the  records,  the  councils  and  the  proceedings  of 
trustees,  ignorant  and  careless  of  their  duty,  and  anxious  only  to 
transfer  the  inextricable  embarrassments  of  their  district,  unexplained 
and  inexplicable,  to  their  successors. 

One  important  operation  of  the  provision  in  question,  will  be  to 
prevent  the  district  from  changing  the  time  of  its  annual  meeting, 
thereby  avoiding  those  frequent  misunderstandings  as  to  the  period 
when  officers  of  the  district  are  to  be  chosen,  from  which  so  many 
profitless  and  vexatious  controversies  have  arisen. 

At  this  meeting  a  faithful  and  strict  account  of  all  the  affairs  of 
the  district,  and  particularly  of  its  pecuniary  engagements  and  liabili- 
ties, should  be  required  of  the  out-going  trustees  and  other  officers. 
Immediately,  or  as  soon  as  may  be  practicable  after  their  election, 
the  new  trustees  should  meet  together,  and  make  all  necessary  and 
suitable  arrangements  for  the  future  and  permanent  administration  of 
the  district;  the  employment  and  compensation  of  teachers,  both  for 


TRUSTEES  OF  SCHOOL  DISTRICTS.  HI 

the  summer  and  winter  school;  the  necessary  repairs  of  the  school- 
house,  for  which  the  district  should  be  requested  to  provide  the  requi- 
site funds;  the  application  of  the  teacher's  money  to  the  respective 
terms;  the  suitable  expenditure  of  the  library  money;  the  condition 
of  the  library  and  other  property  of  the  district;  the  provision  of 
fuel  for  the  winter,  and  all  such  other  matters  as  may  be  found  ex- 
pedient and  advisable.  They  should  also  see  that  the  district  is  reg- 
ularly furnished  with  the  District  School  Journal,  and  that  it  has  all 
the  necessary  laws,  decisions,  forms,  blanks,  account  books,  &c.  &c., 
to  enable  them  intelligently  and  systematically  to  discharge  all  their 
duties. 

The  trustees  of  each  school  district  are  constituted  by  law  the 
trustees  of  the  library.  They  are  responsible  for  its  preservation  and 
care;  and  the  librarian  is  subject  to  their  direction,  and  may  at  any 
time  be  removed  by  them  from  office  for  wilful  disobedience  of  such 
directions,  or  for  any  wilful  neglect  of  duty,  or  even  when  they  have 
reason  to  apprehend  the  loss  of  any  books,  or  their  injury  or  des- 
truction by  his  misconduct.  In  case  of  such  removal,  or  of  a  vacan- 
cy from  any  cause,  they  are  to  supply  such  vacancy  by  appointment, 
until  the  next  annual  meeting  of  the  district.  They  are  personally 
liable  to  their  successors  for  any  neglect  or  omission  in  relation  to 
the  care  and  superintendence  of  the  library,  by  which  any  books 
therein  are  lost  or  injured,  to  the  full  amount  of  such  loss  or  injury, 
and  their  action  in  reference  to  its  management,  may  be  at  any  time 
controlled  by  this  department  on  appeal.  Their  duties,  with  refer- 
ence to  the  district  library,  are  specifically  pointed  out  in  the  regu- 
lations of  the  department,  made  in  pursuance  of  law,  and  still  in 
force;  and  they  should  endeavor  strictly  and  punctually  to  conform 
to  the  spirit  of  these  regulations. 

The  convenience  and  accommodation  of  many,  if  not  of  most  of 
the  inhabitants  of  the  several  districts,  would  be  essentially  promoted 
by  placing  the  charge  of  the  library,  temporarily  with  the  teacher, 
during  the  term  of  his  or  her  employment,  and  depositing  it  in  some 
convenient  and  safe  place  in  the  school  house.  This  arrangement 
can  only  be  carried  into  effect  by  the  concurrence  of  the  trustees  and 
librarian,  and  under  their  supervision.  Generally,  the  teacher  not 
being  an  inhabitant  of  the  district,  cannot  be  chosen  librarian.  But 
where  the  trustees  and  librarian  have  sufficient  confidence  in  the  teach- 
er and  in  the  safety  of  the  books,  when  left  at  the  school  house,  they 


112  TRUSTEES  OF  SCHOOL  DISTRICTS. 

will  find  this  arrangement  in  many  respects  conducive  to  the  conven- 
ience of  the  district. 

Trustees  will  bear  in  mind  that  their  annual  reports  are  hereafter 
to  be  made  and  transmitted  to  the  town  superintendent,  between  the 
first  and  fifteenth  days  of  January;  and  that  in  addition  to  the  mat- 
ters now  required  by  law  to  entitle  them  to  their  distributive  share 
of  teachers'  money,  they  are  to  report  that  no  school  has  been  taught 
for  more  than  one  month  in  their  district  during  the  past  year 
by  any  other  than  a  duly  qualified  teacher. 

This  reservation  of  one  month  is  merely  nominal,  as  it  is 
scarcely  to  be  supposed  that  a  teacher  not  duly  qualified,  will  be 
employed  in  any  district  for  that  length  of  time.  It  was  designed  to 
meet  those  cases  where,  notwithstanding  the  utmost  diligence  on  the 
part  of  trustees,  an  examination  of  the  teacher  employed  by  them, 
cannot  be  immediately  procured;  or  where,  for  any  reason,  it  has 
been  found  necessary  or  expedient  for  the  teacher  to  commence  and 
continue  his  term  for  a  few  weeks  without  obtaining  such  certificate. 
The  term  of  four  months  must,  however,  be  completed  after  obtaining 
such  certificate,  in  order  to  entitle  the  district  to  its  share  of  teach- 
ers' money. 

It  is  of  great  importance  to  the  department,  with  a  view  to  the 
statistical  information  to  be  laid  before  the  legislature  and  the  peo- 
ple, to  be  accurately  apprized  of  the  comparative  attendance  upon  the 
schools,  on  the  part  of  the  children  residing  in  the  district  For  this 
purpose,  earnest  efforts  have  hitherto  been  made  to  procure  from  the 
trustees  of  the  several  districts,  a  statement  of  the  length  of  time  each 
pupil  has  attended,  and  the  number  who  have  attended  for  one,  two,  &c., 
up  to  ten  and  twelve  months.  But  notwithstanding  every  practicable 
facility  to  communicate  this  very  desirable  information  on  the  part 
of  teachers  and  trustees,  the  department  has,  as  yet,  found  it  impos- 
sible to  procure  it  with  a  proper  approximation  to  accuracy.  Unwilling 
to  resort  to  the  harsh  measure  of  depriving  the  districts  of  their  pro- 
portion of  public  money  in  ^consequence  of  this  deficiency  in  their 
annual  reports,  the  superintendent  has  hitherto  listened  to  every  ex- 
cuse, for  the  omission  to  comply  with  this  requisition,  in  the  reports 
made  heretofore.  Hereafter  it  is  hoped  no  cause  of  complaint 
will  be  permitted  to  exist  in  this  respect,  as  the  share  of  public  teach- 
ers' money  will*rigidly  be  withheld  where  the  report  is  not  in  all  re- 
spects in  accordance  with  law,  and  the  requisition  of  the  department 


TRUSTEES  OF  SCHOOL  DISTRICTS.  H3 

in  pursuance  of  law,  unless  in  cases  where  the  most  satisfactory  ex- 
cuse for  the  omission  can  be  rendered.  *  The  teacher  should,  in  all 
cases,  be  required  by  the  trustees,  to  keep  the  necessary  register  and 
furnish  it,  together  with  his  list,  at  the  end  of  each  term. 

By  the  113th  section  of  the  act  (No.  138,)  it  is  provided  that 
"  whenever  the  trustees  of  any  school  district  shall  discover  any  er- 
ror in  a  tax  list  or  rate  bill,  made  out  by  them  prior  to  the  expen- 
diture of  the  amount  therein  directed  to  be  raised,  they  may,  with  the 
approbation  of  the  state  superintendent,  after  refunding  any  amount 
that  may  have  been  improperly  collected  on  such  tax  list  or  rate  bill, 
if  the,  same  shall  be  required,  amend  and  correct  such  tax  list  or  rate 
bill,  in  conformity  to  law;  and  whenever  more  than  one  renewal  of 
a  warrant  for  the  collection  of  any  tax  list  or  rate  bill  may  become 
necessary  in  any  district,  the  trustees  may  make  such  further  renew- 
al, with  the  written  approbation  of  the  town  superintendent  of  the 
town  in  which  the  school  house  of  said  district  shall  be  located,  to 
be  endorsed  upon  such  warrant."  These  provisions  preclude  the  ne- 
cessity of  any  application  to  this  department  for  either  of  the  objects 
specified  in  this  section,  except  in  special  cases,  and  authorise  one 
renewal  of  a  school  district  warrant  by  the  trustees,  on  their  own 
authority  and  in  their  discretion:  after  which  the  written  approba- 
tion of  the  town  superintendent  must  be  obtained  to  any  subsequent 
renewal. 

* 

It  is  strongly  recommended  to  trustees,  to  exact  of  the  collector  the 
bond  required  to  be  given  by  him,  under  the  103d  section  of  the 
school  law,  whenever  any  warrant  is  placed  in  his  hands.  This 
practice  will  be  attended  with  very  little  trouble,  and  will  secure  the 
district  from  all  loss,  and  the  trustees  themselves  from  personal  lia- 
bility, in  many  instances.  It  will  also  secure  the  prompt  collection 
of  taxes  and  rate  bills,, and  promote  system  and  regularity  in  the  fi- 
nancial affairs  of  the  district. 

In  their  orders  to  the  town  superintendent  for  the  payment  of  pub- 
lic money  to  teachers  employed  by  them,  trustees  will  specify  that 
the  person  in  whose  favor  the  order  is  drawn,  was  so  employed  by 
them,  and  was  duly  qualified  according  to  law. 

In  the  exercise  of  the  power  conferred  upon  the  trustees,  of  ex- 
empting indigent  inhabitants  of  their  district  from  the  payment  of  the 
whole  or  of  portions  of  their  rate  bills,  the  utmost  liberality  compat- 

8 


114  TRUSTEES  OF  SCHOOL  DISTRICTS. 

ible  with  justice  to  the  districts  should  be  indulged.  Nothing  can  be 
more  at  variance  with  the  *benign  spirit  and  intent  of  the  school 
laws  than  the  compulsory  distress  and  sale  of  articles  of  absolute  ne- 
'cessity  to  an  indigent  family  for  the  purpose  of  satisfying  the  rate 
bill  for  teachers*  wages.  And  yet  cases  of  this  kind  are  frequently 
brought  to  the  notice  of  the  department.  Every  reasonable  facility 
should  be  afforded  to  the  children  of  the  poor,  for  the  attainment  of 
all  the  blessings  and  advantages  of  elementary  instruction;  and  this 
should  never  be  permitted  to  become  in  any  degree  burdensome  to 
their  parents.  Where  any  inhabitant  of  the  district  in  indigent  cir- 
cumstances cannot  meet  the  rate  bill  for  the  payment  of  the  teachers' 
wages  without  subjecting  himself  to  serious  embarrassment,  or  his 
family  to  sensible  deprivation,  he  should  promptly  and  cheerfully  be 
exonerated.  A  just  feeling  of  pride  may  reasonably  be  expected  to 
preclude  any  from  availing  themselves  of  this  exemption,  unless  un- 
der the  pressure  of  absolute  necessity;  and  occasional  abuses  of  the 
privilege  so  accorded,  are  productive  of  less  disastrous  results  than  a 
prevailing  impression  among  the  indigent  inhabitants  of  a  district, 
that  their  chileren  can  partake  of  the  advantages  of  common  school 
education  only  at  a  burdensome  charge  to  themselves,  and  by>v"a  sac- 
rifice of  the  ordinary  necessities  and  comforts  of  their  families. 

Application  of  School  Money  raised  by  or  belonging  to  a  town. 

In  the  preceding  instructions  to  town  superintendents  of  common 
schools,  (see  pages  85,  88,)  directions  are  given  them  respecting  the 
money  which  towns  are  authorised  to  vote  for  the  support  of  common 
schools,  in  addition  to  that  raised  by  the  supervisors.  Some  embar- 
rassment has  arisen  respecting  the  application  of  that  portion  of  the 
money  thus  raised  by  a  town  which  may  be  received  from  the  col- 
lector by  the  trustee  or  trustees  of  a  joint  district,  a  portion  of  \\hich 
is  within  such  town,  and  the  residue  is  within  a  town  or  towns  that 
have  not  directed  a  similar  additional  sum  to  be  raised.  It  must  be 
supposed  that  the  tax,  when  voted  by  a  town,  is  intended  for  the 
support  of  schools  therein,  as  it  would  be  contrary  to  all  principles 
of  equity,  that  the  inhabitants  of  one  town  should  be  obliged  to  con- 
tribute to  the  education  of  children  belonging  to  other  towns.  The 
superintendent  has  accoidingly  decided  that  when  any  portion  of  the 
money  voted  by  a  town,  comes  to  the  hands  of  trustees  of  joint  dis- 
tricts, they  must  apply  it  exclusively  for  the  benefit  of  scholars  at- 
tending the  school  who  belong  to  the  town  thus  voting.  After  ap- 


TRUSTEES  OF  SCHOOL  DISTRICTS.  115 

plying  the  "  teachers'  money,"  received  from  the  town  superinten- 
dent, which  was  apportioned  by  the  state,  and  that  raised  by  the  su- 
pervisors, under  the  general  law,  to  the  payment  of  the  teachers' 
wages,  they  are  then  to  apply  the  portion  of  the  town  money  re- 
ceived by  the  trustees,  to  the  payment,  as  far  as  it  will  go,  of  the 
amount  that  is  to  be  collected,  by  a  rate  bill,  from  the  parents  of  the 
scholars  attending  school,  who  belong  to  the  town  that  raised  the 
additional  sum.  The  rate  bill  for  teachers'  wages  against  the  other 
inhabitants  of  the  district,  is  to  be  collected  precisely  in  the  same 
manner  as  if  the  additional  sum  had  not  been  raised. 

If  there  are  any  other  common  school  funds  belonging  to  the  town, 
arising  from  their  poor  moneys,  or  from  their  gospel  and  school  lots, 
any  portion  of  which  is  received  by  the  trustees  of  a  joint  district, 
they  are  to  apply  such  portions  exclusively  for  Jhe  benefit  of  the  pa- 
rents of  the  children  attending  the  school  belonging  to  the  town 
owning  such  fund.  And  the  trustees  should  be  careful  not  to  apply 
any  part  of  the  money  in  their  hands,  coming  from  the  tax  voted  by 
a  town,  or  from  its  common  school  fund,  to  the  purchase  of  a  libra- 
ry or  to  any  other  purpose  than  the  support  of  the  common  schools. 

Division  of  Teachers9  Money  into  portions, 
i 

By  subdivision  nine  of  section  eighty-two,  (No.  107,)  trustees  are 
authorised  to  "  divide  the  public  moneys  received  by  them,  whenever 
authorised  by  a  vote  of  their  district,  into  not  exceeding  two  por- 
tions for  each  year;  and  to  assign  and  apply  one  of  such  portions  to 
each  term  during  which  a  school  shall  be  kept  in  such  district,  for 
the  payment  of  the  teachers'  wages,  during  such  quarter  or  term." 
Where  no  action  is  had  on  the  subject  by  the  district,  trustees  have 
the  right  to  appropriate  the  public  money  in  such  proportions  to  the 
different  terms  as  they  may  deem  expedient.  It  is  not  essential  that 
the  public  money  should  be  paid  exclusively  for  services  rendered  du- 
ring the  year  in  which  it  is  received :  if  the  whole  amount  received 
be  "  applied  during  the  year  to  the  payment  of  the  compensation  of 
of  qualified  teachers,"  it  is  immaterial  whether  such  wages  were 
earned  wholly  during  that  year,  or  in  part  the  year  previous.  It  is 
of  frequent  occurrence  for  teachers  to  commence  their  term  in  No- 
vember or  December,  and  end  in  the  succeeding  spring;  and  there  is 
no  impropriety  or  illegality  in  paying  their  wages  for  the  whole 
term,  wholly  or  in  part,  from  the  public  money  received  after  its 
close. 


116  TRUSTEES  OF  SCHOOL  DISTRICTS. 

Account  Books. 

Trustees  are  required  by  §  104,  of  the  act  of  1847,  (No.  129,)  to 
keep  an  account,  in  a  book  to  be  provided  for  that  purpose  by  them, 
from  time  to  time,  as  shall  be  necessary,  of  all  moneys  received 
and  paid  out  by  them  in  their  official  capacity;  and  a  statement  of 
all  moveable  property  belonging  to  the  district.  This  account  and 
statement  is  to  be  entered  at  large,  and  signed  by  them,  at  or  before 
each  annual  meeting  in  their  district.  They  should  charge  them- 
selves on  one  page,  with  the  whole  amount  of  money  received  by 
them,  either  from  the  town  superintendent,  on  tax  lists  or  rate  bills,, 
specifying  particularly  the  source  whence  derived,  and  the  time  when 
received;  and  on  the  opposite  page  credit  themselves  with  the  respec- 
tive expenditures  and  payments,  specifying  particularly  to  whom,, 
when  paid,  and  for  what  purpose,  and  referring  to  the  proper  vouch- 
ers on  file,  whenever  practicable.  On  another  page  they  should  make 
an  accurate  inventory  of  all  the  moveable  property  belonging  to  the 
district,  such  as  the  library  of  the  district,  stating  the  number  of  the 
volumes  and  their  condition,  and  giving  a  catalogue  of  the  books, 
wherever  a  general  reference  cannot  properly  be  made,  as  to  the  1st, 
2d,  3d,  &c.,  series  of  the  Harper  library,  or  Nos.  1,  2,  3,  &c.,  of  the 
Harper  Library,  or  Family  Library,  &c.,  &c.,  and  the  furniture,  ap- 
pendages and  apparatus  of  the  school  room,  specifying  each  article. 
The  whole  to  be  followed  by  a  certificate  in  the  following  form: 

We,  the  subscribers,  Trustees  of  District  No.  in  the  town  of 
Trenton,  do  hereby  certify  that  the  preceding,  from  page  to  page 
inclusive,  contains  a  true  and  accurate  account  of  all  the  mon- 
eys received  by  us,  for  the  use  of  said  district,  and  of  the  expendi- 
ture thereof:  and  a  correct  statement  and  inventory  of  all  the  move- 
able  property  belonging  to  said  district. 


Dated  this         day  of  18 


A.  B. 

C.  D.     Trustees. 

E.  F. 


The  Calling  of  Annual  and  Special  Meetings. 

Trustees  have  power  to  call  special  meetings  of  the  inhabitants  of 
their  district  liable  to  pay  taxes,  whenever  they  shall  deem  it  neces- 
sary and  proper.  This  power  should  be  liberally  exercised  for  the 


TRUSTEES  OF  SCHOOL  DISTRICTS.  H7 

benefit  of  the  district;  and  special  meetings  should  be  called  by  the 
trustees,  whenever  requested  for  a  proper  and  legitimate  purpose,  by 
a  respectable  number  of  inhabitants.  The  trustees  should  act  as  a 
beard  whenever  such  meetings  are  directed  to  be  called;  and  they  or 
a  majority  of  them,  when  all  have  been  notified,  may  require  the 
clerk  of  the  district,  either  verbally  or  in  writing,  to  give  the  neces- 
sary notices  to  the  inhabitants.  The  object  of  the  meeting  should, 
in  all  cases,  be  specified  in  the  notice.  Where  there  i  3  no  clerk  of 
the  district,  or  he  is  absent  or  incapable  of  acting,  any  one  of  the 
trustees,  designated  by  the  board,  may  give  the  notices. 

Where  the  time  for  holding  the  annual  meeting  has,  for  any  rea- 
son, passed,  without  the  election  of  officeis,  provision  is  made  in  sec- 
tions 66,  67,  68,  (Nos.  91,  92,  93,)  for  holding  special  district  meet- 
ings for  the  choice  of  officers. 

Assessment  and  Collection  of  District  Taxes. 

This  duty  is  one  of  the  most  difficult  and  perplexing  devolved  up- 
on trustees;  requiring  for  its  proper  and  legal  exercise,  a  strict  con- 
formity to  the  statutes  in  form  as  well  as  substance.  A  careful  ex- 
amination and  collation  of  their  various  provisions  in  this  respect 
becomes  indispensable.  Any  departure  from  the  specific  directions 
thus  given,  is  almost  sure  to  subject  the  trustees  to  serious  personal 
liability,  for  which  no  indemnity  is  provided,  as  well  as  to  cause  em- 
barrassment and  confusion  in  the  affairs  of  the  district  generally.  In 
order  to  enable  them  to  execute  this  portion  of  their  duties  with  ac- 
curacy and  ease,  the  several  steps  of  the  process  will  be  distinctly 
and  particularly  pointed  out;  and  such  directions  given  as  will,  it  is 
hoped,  prevent  all  liability  to  error  in  its  future  performance. 

1.   General  Provisions. 

The  general  duty  of  trustees  under  this  head  is  comprised  in  the 
third  and  fourth  subdivisions  of  section  eighty-two,  (No.  107,)  and  is 
as  follows:  "  to  make  out  a  tax  list  of  every  district  tax  voted  by 
any  such  meeting,  (special,  annual  or  adjourned,)  containing  the 
names  of  all  the  taxable  inhabitants  residing  in  the  district  at  the 
time  of  making  out  the  list,  and  the  amount  of  tax  payable  by  each 
inhabitant  set  opposite  to  his  name;  to  annex  to  such  tax  list  a  war- 
rant directed  to  the  collector  of  the  district,  for  the  collection  of  the 
sums  in  such  list  mentioned. 


118  TRUSTEES  OF  SCHOOL  DISTRICTS. 

2.  Tax  List,  when  to  be  made  out. 

By  section  ninety-nine,  (No.  124,)  "  every  district  tax  shall  be  as- 
sessed, and  the  tax  list  thereof  be  made  out  by  the  trustees,  within 
one  month  after  the  district  meeting  in  which  the  tax  shall  have  been 
voted."  The  subsequent  provisions  of  this  section  and  section  one 
hundred,  (No.  125,)  contain  modifications  of  the  previous  laws,  to 
which  the  attention  of  the  trustees  is  requested. 

The  reason  of  this  provision  is  obvious.  The  inhabitants  and  prop- 
erty of  school  districts  are  constantly  changing;  and  where  a  tax  is 
voted  for  a  specific  purpose,  it  should  be  assessed  only  upon  those  for 
whose  benefit  it  was  voted,  While  the  statute  should,  therefore,  be 
strictly  complied  with,  whenever  it  can  be,  yet  if  a  literal  compli- 
ance is  prevented  by  accident  or  unavoidable  circumstances,  the  list 
may  be  made  out  after  the  expiration  of  the  month  or  thirty  days;  as 
the  statute  is  supposed  to  be  directory,  and  similar  to  that  in  the 
case  of  the  People  vs.  Allen,  6  Wendell,  486.  The  regulations  of  the 
superintendent,  on  appeals,  have  allowed  thirty  days,  within  which 
any  person  aggrieved,  in  consequence  of  the  proceedings  of  any  dis- 
trict meeting,  may  appeal;  and,  as  will  hereafter  be  seen,  twenty 
days'  notice  is  required  to  be  given  by  the  trustees,  in  case  a  reduction 
is  claimed,  or  an  original  assessment  becomes  necessary.  In  the  first 
case,  if  a  copy  of  the  appeal  be  served  prior  to  the  expiration  of  the 
month,  and  before  the  trustees  have  made  their  assessment,  the 
time  during  which  such  appeal  is  pending,  is  not  to  be  computed  as 
part  of  the  month  within  which  the  tax  list  is  to  be  made  out,  as  the 
service  operates  as  a  stay  of  all  proceedings  in  any  way  relating  to 
or  consequent  upon  the  act  complained  of.  Still  the  assessment, 
when  made  out,  must  have  reference  to  the  property  of  the  district  as  it 
existed  at  the  expiration  of  the  month.  In  the  second  case,  the  trustees 
must  make  out  their  tax  list  within  the  month,  although  they  may  not 
be  able,  finally  to  complete  it.  They  should,  however,  within  the. first 
ten  days  after  the  meeting  at  which  the  tax  is  voied,  make  out  their 
assessment;  so  that  if  a  reduction  is  claimed,  or  an  original  valuation 
is  found  to  be  necessary,  they  can  give  the  twenty  days'  notice  re- 
quired by  law,  and  complete  their  list  by  the  expiration  of  the 
month. 

Errors  in  tax  lists  and  rate  bills  have  often  been  discovered  after 
they  were  made  out.  If  discovered  within  a  month  from  the  time 
the  tax  was  voted,  and  nothing  has  been  collected,  the  trustees  may 


TRUSTEES  OF  SCHOOL  DISTRICTS.  119 

recall  them,  correct  the  error,  and  redeliver  them  to  the  collector. 
But  after  the  expiration  of  the  month,  and  after  any  tax  had  been, 
in  whole  or  in  part  collected,  they  did  not,  previously  to  the  act  of 
1839,  possess  the  power  of  correction.  In  consequence  they  were 
exposed  to  prosecutions  for  slight  and  accidental  errors  which  might 
have  been  easily  corrected  by  parties  who  did  not  choose  to  take 
the  more  convenient  and  summary  mode  of  appealing  to  the  Super- 
intendent. This  is  now  effectually  remedied  by  §  113,  of  the  act 
referred  to,  (No.  138,)  by  which  trustees  may  "  correct  and  amend 
errors  in  making  out  any  tax  list  on  rate  bill,  and  may  refund  to  any 
person  any  sum  improperly  collected  in  consequence  of  such  error." 
By  availing  themselves  of  this  provision,  trustees  may  now  protect 
themselves  from  vexatious  suits.  They  need  not  wait  for  an  appeal 
by  the  person  complaining,  but  as  soon  as  they  hear  of  any  com- 
plaint, they  should  investigate  the  case,  and  if  they  entertain  any 
doubt,  they  may  apply  at  once  to  the  Superintendent.  They  should 
state  all  the  facts  as  strongly  against  themselves  as  they  exist  in 
truth,  and  should  verify  their  statement  by  oath.  They  will  then 
possess  the  requisite  authority  to  correct  the  error,  if  there  be  one  in 
in  law  or  in  fact,  and  to  make  out  a  new  tax  list  or  rate  bill,  if  the 
case  require  it,  and  also  to  refund  any  tax  improperly  collected. 

3.  How,  and  upon  whom  to  be  assessed,  and  for  what  property. 

Trustees  are  required  by  §  85,  of  the  act  of  1847,  (No.  110,)  to 
apportion  taxes  "  on  all  taxable  inhabitants  of  the  district,  or  cor- 
porations holding  property  therein."  This  provision  includes,  of 
course,  all  actual  residents  of  the  district;  and  is  extended  by  §  87, 
(No.  112,)  to  "every  person  owning  or  holding  any  real  property 
within  any  school  district,  who  shall  improve  and  occupy  the  same 
by  his  agent  or  servant,  whether  he  resides  in  the  district  or  not." 
They  are  also  to  apportion  taxes  "  upon  all  real  estate  lying  within 
the  boundaries  of  such  district,  the  owners  of  which  shall  be  non- 
residents, and  which  shall  be  liable  to  taxation  for  town  or  county 
purposes,  and  shall  be  situated  within  three  miles  of  the  site  of  the 
school  house  in  such  district."  This  includes  uncultivated  and  un- 
improved lands,  owned  by  non-residents,  and  situated  in  the  district; 
and  is  an  extension  of  the  power  given  by  the  old  act,  which  limited 
the  lands  of  non-residents,  subject  to  taxation,  to  those  which  were 
actually  cleared  and  cultivated.  The  trustees  may,  in  their  discre- 
tion, omit  to  assess  any  tract  or  parcel  of  unoccupied  non-resident 
land  in  their  district,  where  the  proportion  of  the  tax,  payable  thert- 


120  TRUSTEES  OF  SCHOOL  DISTRICTS. 

for,  would  not  amount  to  fifty  cents.  This  provision  is  inserted  to 
save  the  trouble  of  the  subsequent  proceedings  rendered  necessary  in 
such  cases,  where  so  small  a  sum  only  can  be  finally  collected. 

The  apportionment  is  also  to  be  made  according  to  the  valuations 
of  the  taxable  property  which  shall  be  owned  or  possessed  by  them, 
[the  inhabitants  of  the  district,  &c.,  as  aforesaid,]  at  the  time  of 
making  out  such  list;  within  such  district,  or  partly  within  such 
district,  and  partly  in  an  adjoining  district. 

Taking  these  provisions  together,  the  following  general  principles 
may  be  deduced: 

1.  All  the  actual  inhabitants  of  a  district  are  to  be  taxed  for  the 
whole  property,   real  and   personal,    owned  or  held  by  them   within 
the  district.     Executors    and  administrators   having  in    their  posses- 
sion or  under  their  control  the  property  of  their  testator  or  intestate, 
within  the  district,  are  taxable  therefor,  in  their  representative  capa- 
city, as  executors,  &c. 

2.  They  are  also  taxable  for    any  real  property  owned   by  them, 
lying  partly  within  such  district  and  partly  in  an  adjoining  district  ; 
that  is,  for  such  property  as  at  the  time  of  making   out  the  tax  list 
is   owned  by  them  and  intersected   by  the  boundaries  of  the  district.  x 
In  this  respect  the  old  law  is  not  substantially  altered.     Nor  is  it  in 
any  sense  material  when  the  title  of  the  owner  to  the   whole  or  any 
part  of  the  land  so  intersected  accrued,   whether  before   or  after  the 
organization  of  the  district,  so  that  it  belonged  to  him  at  the  time  of 
making  out  the  tax  list,  and  is  then  intersected  by  the  boundaries  of 
such  distiict.     In   such  case,,  no  matter  what  may  be  the  respective 
proportions  of  the  land  owned  in  each  district;  the  owner  is  taxable 
for  the  whole  farm  or  property  belonging  to  him,  and  so  connected, 
in  the  district  where  he  resides,  only;  and  being  so   liable   there,  he 
cannot,  of  course,  be  taxed   for  the   same  property  in  any  other  dis- 
trict. 

3.  All  non-resident  owners  of  real  estate  in  the  district,  who  im- 
prove and  occupy  the  same  by  their  agents  or  servants,  are  by  §  87 
(No.  112,)  taxable  therein  for  the  property  so  owned,  improved  and 
occupied,  in  the  same  manner  as  though  they  actually  resided  there- 
in. This  provision  is  also  to  be  construed  in  connexion  with  those 
above  referred  to,  and  is  applicable  in  its  full  extent  only  to  cases 


TRUSTEES  OF  SCHOOL  DISTRICTS.  121 

where  the  property  so  occupied  is  wholly  situated  in  the  district. 
Where  it  is  situated  partly  in  the  district  where  the  owner  actually 
resides,  it  is  taxable  only  in  that  district.  And  where  it  is  situated 
partly  in  two  or  more  districts,  in  neither  of  which  the  owner  re- 
sides, each  district  must  tax  such  owner  only  for  the  part  actually 
within  its  boundaries.  It  is  also  to  be  borne  in  mind,  that  this  class 
of  cases  is  distinct  from  that  in  which  the  land  is  occupied  by  a  te- 
nant, and  also  from  that  in  which  it  is  so  occupied  by  a  person 
working  it  under  a  contract  for  a  share  of  the  produce  of  such  land. 
In  each  of  these  cases  the  actual  possessor  is  to  be  taxed  in  the  same 
manner  as  though  he  were  the  owner.  See  §  86,  (No.  Ill  ante,) 
and  §  88,  (No.  113.) 

4.  All  real  estate  situate  in  a  district,  within  three  miles  of  the 
school  house  therein,  and  owned  by  non-residents,  not  included  in 
either  of  the  above  class  of  case.*,  is  also  liable  to  taxation,  and 
forms  the  subject  of  the  directions  contained  in  §  89  to  95  inclusive, 
in  the  act  of  1847,  (Nos.  114,  120,  both  inclusive.) 

5.  Land  in  the  district  belonging  to  corporations,  whether  culti- 
vated or  not,  is  taxable  for  school  district  purposes.  The  provision 
in  the  act  in  this  respect,  produces  a  material  alteration  of  the  law 
as  it  formerly  stood,  and  renders  turnpike  and  railroad  corporations 
taxable  for  so  much  of  the  land  owned  by  them  as  is  situated  within 
the  respective  school  districts  through  which  their  roads  pass.  Such 
corporations,  and  all  others,  are  to  be  regarded  as  residents  of  the 
districts  where  their  principal  place  of  carrying  on  business  is  situa- 
ted, and  non-residents  elsewhere.  The  mode  of  proceeding  where 
they  are  non-residents  is  specifically  pointed  out  by  §  89,  of  the  act 
(No.  114,)  and  the  subsequent  sections. 

Proceedings  in  case  of  unoccupied  and  unimproved  non-resident 

lands. 

When  any  real  estate  within  a  district  liable  to  taxation  is  unoc- 
cupied, the  trustees  at  the  time  of  making  out  their  tax  list,  are  re- 
quired by  §  89,  (No.  114,)  whenever  they  impose  a  tax  on  such 
property,  "  to  make  and  insert  in  such  tax  list,  a  statement  and^  de- 
scription of  every  such  lot,  piece  or  parcel  of  land,  so  owned  by  non- 
residents therein,  in  the  same  manner  as  required  by  law  from  town 
assessors  in  making  out  the  assessment  rolls  of  their  towns."  If  the 
tax  is  returned  by  the  collector  unpaid,  upon  receiving  from  him  an 


122  TRUSTEES  OF  SCHOOL  DISTRICTS. 

account  thereof,  with  the  descriptions  of  the  property  as  directed  to 
be  made  and  the  amount  of  the  tax,  together  with  an  affidavit  of  the 
fact  of  non-payment,  and  of  due  diligence  used  for  the  collection, 
the  trustees  are  to  credit  him  with  the  amount,  §  90,  (No.  115,)  to 
compare  the  account  so  rendered  with  the  original  tax  list,  certify 
to  its  accuracy,  and  transmit  it,  together  with  the  collector's  affidavit 
and  their  certificate  to  the  county  treasurer,  §  9J,  (No.  116,)  who  is 
to  pay  the  amount  so  returned  out  of  any  moneys  in  the  treasury 
raised  for  contingent  expenses.  §  92,  (No.  117.)  Such  county  trea- 
surer is  to  lay  the  account,  affidavit  and  certificate  before  the  board 
of  supervisors,  who  are  to  cause  the  amount  of  such  unpaid  taxes, 
with  seven  per  cent,  in  addition,  to  be  levied  on  the  lands  of  the  re- 
spective non-residents  liable  to  pay  the  same;  which  amount  when 
collected,  is  to  be  returned  to  the  county  treasury,  to  reimburse  the 
amount  so  advanced,  with  the  expense  of  collection.  §  93,  (No.  118.) 
Any  person  whose  lands  are  included  in  any  such  account,  may  pay 
the  tax  assessed  thereon  to  the  county  treasurer,  at  any  time  before 
the  board  of  supervisors  shall  have  directed  the  same  to  be  levied. 
§  94,  (No.  119.)  The  same  proceedings  are  to  be  had  for  the  col- 
lection of  the  amount  so  directed  to  be  raised  by  the  board  of  super- 
visors, as  are  provided  by  law  in  relation  to  taxes  on  non-resident 
lands  generally;  and  upon  a  return  to  the  comptroller  of  the  arrears 
uncollected,  the  amount  is  to  be  paid  on  his  warrant  to  the  county 
treasurer,  and  the  state  is  to  collect  the  same  in  the  manner  pre- 
scribed by  law  in  respect  to  arrears  of  county  taxes  upon  lands  of 
non-residents.  §  95,  (No.  120.) 

To  enable  trustees  the  better  to  perform  the  duties  thus  devolving 
upon  them,  that  portion  of  the  Revised  Statutes  referred  to  in  §  89, 
(No.  114,)  and  which  is  applicable,  is  hereto  annexed: 

"§  11.  The  lands  of  non-residents  shall  be  designated  in  the 
same  assessment  roll,  but  in  apart  thereof  separate  from  the  other  as- 
sessments, and  in  the  manner  prescribed  in  the  two  following  sec- 
tions. 

"  §  12.  If  the  land  to  be  assessed,  be  a  tract  which  is  subdivided 
into  lots,  or  be  part  of  a  tract  which  is  so  subdivided,  the  assessors 
shall  proceed  as  follows: 

"  1.  They  shall  designate  it  by  its  name,  if  known  by  one,  or  if 
it  be  not  distinguished  by  a  name,  or  the  name  be  unknown,  they 
shall  state  by  what  other  lands  it  is  bounded: 


.  TRUSTEES  OF  SCHOOL  DISTRICTS.  123 

"  2.  If  they  can  obtain  correct  information  of  the  subdivisions  they 
shall  put  down  in  their  assessment  rolls,  and  in  a  first  column,  all 
the  unoccupied  lots  in  their  town  or  ward,  owned  by  non-residents, 
by  their  numbers  alone  and  without  the  names  of  their  owners,  be- 
ginning at  the  lowest  number  and  proceeding  in  numerical  order  to 
the  highest: 

"  3.  In  a  second  column,  and  opposite  to  the  number  of  each  lot, 
they  shall  set  down  the  quantity  of  land  therein,  liable  to  taxation: 

"  4.  In  a  third  column,  and  opposite  to  the  quantity,  they  shall  set 
down  the  valuation  of  such  quantity: 

"  5.  If  such  quantity  be  a  full  lot,  it  shall  be  designated  by  the 
number  alone;  if  it  be  a  part  of  a  lot,  the  part  must  be  designated 
by  boundaries,  or  in  some  other  way,  by  which  it  may  be  known. 

"  §  13.  If  the  land  so  to  be  assessed,  be  a  tract  wrhich  is  not  subdi- 
vided, or  if  its  subdivisions  cannot  be  ascertained  by  the  assessors, 
they  shall  proceed  as  follows: 

"  1.  They  shall  enter  in  their  roll  the  name  or  boundaries  thereof,  as 
above  directed,  and  certify  in  the  roll  that  such  tract  is  not  subdivi- 
ded, or  that  they  cannot  obtain  correct  information  of  the  subdivi- 
sions, as  the  case  may  be: 

"  2.  They  shall  set  down  in  the  proper  column,  the  quantity  and 
valuation  as  above  directed: 

"  3.  If  the  quantity  to  £>e  assessed  be  the  whole  tract,  such  a  de- 
scription by  its  name  or  boundaries  will  be  sufficient;  but  if  a  part 
only  is  liable  to  taxation,  that  part  or  the  part  not  liable,  must  be 
particularly  described: 

"  4.  If  any  part  of  such  tract  be  settled  and  occupied  by  a  resident 
of  the  town  or  ward,  the  assessor  shall  except  such  part  from  their  as- 
sessment of  the  whole  tract,  and  shall  assess  it  as  other  occupied 
lands  are  assessed." 

The  residue  of  the  sections  relates  to  the  making  of  a  map  which 
is  supposed  not  to  be  applicable  to  trustees  of  school  districts;  if  a 
map  is  already  on  file,  the  trustees  might  refer  to  it  in  aid  of  their 
descriptions. 


124  TRUSTEES  OF  SCHOOL  DISTRICTS. 

4.   Valuations  of  property,  how  ascertained,  and  mode  of  proceeding 
when  reduction  is  claimed. 

The  valuations  of  taxable  property  are  to  be  ascertained  as  far  as 
possible  from  the  last  assessment  roll  of  the  town,  and  no  person  is 
entitled  to  any  reduction  in  the  valuation  so  ascertained,  unless  he 
gives  notice  of  his  claim  to  such  reduction,  to  the  trustees  of  the  dis- 
trict before/the  tax  list  shall  be  made  out.  §  96,  (No.  121.) 

The  assessment  roll  of  the  town  when  signed  and  certified  accor- 
ding to  the  provisions  of  the  26th  section  of  title  2,  chap.  13,  1  Re- 
-  vised  Statutes,  is  to  be  deemed  the  last  assessment  roll  of  the  town. 
By  §  27,  of  the  same  title,  this  roll  is  to  be  delivered  to  the  supervi- 
sor of  the  town  on  or  before  the  first  day  of  September  in  each  year, 
to  be  by  him  delivered  to  the  board  of  supervisors  at  their  next 
meeting. 

According  to  the  opinion  of  the  supreme  court,  in  7  Wendell,  89, 
the  roll  is  then  to  be  deemed  completed,  so  that  the  trustees  may 
use  it  as  the  basis  of  their  tax  list.  It  is  true,  that  it  may  after- 
wards be  altered  by  the  board  of  supervisors,  by  increasing  or 
diminishing  the  aggregate  valuation  of  real  estate  of  the  town 
to  make  it  correspond  with  that  of  other  towns.  But  it  is  obvi- 
ous this  will  not  affect  the  proportion  between  the  inhabitants  of 
of  the  same  town,  so  that  an  assessment  apportioned  on  either 
roll  would  be  the  same,  so  far  as  the  real  estate  is  concerned. 
Should  the  proportions  be  varied  when  real  and  personal  estates  are 
assessed  to  the  same  person,  yet  under  the  decisions  referred  to,  the 
tax  list  made  out  upon  the  assessment  roll  as  completed  by  the  as- 
sessors before  any  variation  made  by  the  supervisors  would  be  valid. 
If  any  change  is  made  by  them,  a  subsequent  tax  list  should  vary 
also  in  the  same  particulars.  Generally,  the  roll  completed  by  the 
assessors  will  be  a  guide,  but  the  trustees  cannot  be  safe  without  re- 
curring to  the  roll  after  its  correction  by  the  supervisors,  as  it  has 
been  held  by  the  supreme  court  in  the  case  above  referred  to,  and  in 
other  cases,  that  if  the  tax  list  is  made  upon  an  assessment  roll  that 
is  not  the  last  valid  one,  the  trustees  will  be  personally  liable. 

The  question  is  often  raised,  how  far,  and  to  what  extent,  the  last 
assessment  roll  of  the  town  is  to  be  followed  in  the  valuations  of 
trustees  in  levying  taxes.  It  is  to  be  adopted  as  the  sole  guide,  where 
a  valuation  has  actually  been  made  by  the  assessors  on  property,  the 
condition  of  which  remains  substantially  the  same.  But  where  im- 


-  T 

TRUSTEES  OF  SCHOOL  DISTRICTS.  125 

provemenfs  have  been  made  on  real  estate  which  has  thereby  actual- 
ly been  enhanced  in  value  since  the  last  assessment  roll  was  comple- 
ted, or  wher.e  any  material  change  has  occurred  in  the  situation  of 
the, property,  it  is  obvious  that  the  last  assessment  roll  ceases  to  be  a 
standard  of  valuation.  So,  where  an  inhabitant  acquires  or  parts 
with  personal  property,  since  the  assessment  roll  was  made  out.  And 
it  is  to  be  recollected  that  trustees  are  bound  to  follow  the  last  as- 
sessment roll  as  far  as  possible,  only  with  a  reference  to  the  valua- 
tions of  property.  Where  it  has  changed  hands,  they  are  to  put  the 
assessment  to  the  present  owner,  adopting  the  valuation  of  the  town 
assessors.  Where  for  instance  one  inhabitant  sells  his  farm  to  ano- 
ther, the  trustees  in  levying  a  tax  are  to  assess  the  farm  to  the  ven- 
dee, at  the  valuation  of  the  town  assessors,  where  no  substantial 
improvement  enhancing  its  value  has  occurred  in  the  mean  time,  re- 
ducing if  the  circumstances  require  it,  the  valuation  of  his  personal 
property,  by  the  amount  paid  or  secured  to  be  paid  as  consideration 
money  of  the  purchase,  and  increasing  by  the  same  amount,  the  va- 
luation of  the  personal  estate  of  the  vendor.  In  either  of  these  ca- 
ses however,  as  an  original  valuation  of  the  trustees  in  part  would 
become  necessary,  the  proceedings  prescribed  by  §  97,  (No.  122,) 
would  be  requisite.  But  where  a  mere  exchange  of  real  estate  is 
effected,  no  change  in  the  valuations  should  be  made,  unless  in  the 
cases  above  specified,  of  substantial  improvements  or  alterations,  the 
names  of  the  respective  persons  liable,  only,  requiring  to  be  chan- 
ged. 

Where  a  reduction  is  duly  claimed,  and  where,  for  any  reason,  the 
valuation  of  taxable  property  cannot  be  ascertained  from  the  last  as- 
sessment roll  of  the  town,  the  trustees  are  required  by  §  97,  (No. 
122,)  to  "  ascertain  the  true  value  of  the  property  to  be  taxed  from 
the  best  evidence  in  their  power;  giving  notice  to  the  persons  inter- 
ested, and  proceeding  in  the  same  manner  as  the  town  assessors  are 
required  by  law  to  proceed  in  the  valuation  of  taxable  property." 
The  proceedings  to  be  had  in  such  cases  are  specifically  and  parti- 
cularly pointed  out  in  the  extract  from  the  Revised  Statutes  relating 
to  the  assessment  of  taxes,  pages  123  and  124  ante,  to  which  the  at- 
tention of  the  trustees  is  referred.  Substituting  the  word  "  trustees" 
for  "  assessors,"  wherever  it  occurs,  the  directions  there  given  will 
afford  a  perfect  guide  in  all  proceedings  under  section  97.  It  has 
been  decided  by  the  Superintendent,  p.  319,  Decisions,  &c.  that  the 
notice  may  be  given  by  posting  it  in  three  public  places.  It  is  to  be 
given  in  all  cases  of  variation  from  the  town  assessment  roll. 


126  TRUSTEES  OF  SCHOOL  DISTRICTS. 

5.     Tax  for  building  School-House. 

By  §  98,  (No.  123,)  the  trustees  in  assessing  a  tax  for  building  a 
schoolhouse,  are  to  exempt  any  person  set  off  to  their  district  with- 
out his  consent,  from  any  other  district,  within  four  years  preceding 
the  assessment  of  such  tax,  who  shall  have  actually  paid  within  that 
period,  in  the  district  fiom  which  he  was  taken  under  a  lawful  as- 
sessment therein,  a  district  tax  for  the  same  purpose.  The  burden  of 
proof  in  this  case  undoubtedly  rests  with  the  persons  claiming  the 
exemption,  as  the  trustees  can  have  no  official  knowlege  of  the  fact. 

6.  When  taxes  may  be  imposed  by  trustees  without  being  specifically 

voted. 

By  §  109,  of  the  act  of  1847,  (No.  134,)  "  When  the  trustees  of 
any  school  district  are  required  or  authorised  by  law,  or  by  vote  of 
their  district,  to  incur  any  expense  for  such  district,  and  when  any 
expenses  incurred  by  them,  are  made  by  express  provision  of  law  a 
charge  upon  such  district,  they  ma)"  raise  the  amount  thereof  by  tax 
in  the  same  manner  as  if  the  deiinite  sum  to  be  raised  had  been  vo- 
ted by  a  district  meeting,  and  the  same  shall  be  collected  and  paid 
over  in  the  same  manner." 

By  §  104,  (No.  129,)  the  trustees  are  required  to  purchase  two 
byank  books  for  the  purpose  specified  in  that  section,  and  by  sub.  7, 
of  §  62,  (No.  87,)  a  book  is  to  be  provided  for  recording  the  pro- 
ce  edings  of  the  district.  The  trustees  will  be  justified  in  imposing  a 
tax,  or  adding  to  the  amount  of  any  voted  by  the  district,  for  the  ex- 
pense of  these  books. 

They  are  also  to  impose  a  tax  for  the  deficiency  of  teachers'  wa- 
ges, occasioned  by  the  exemption  of  indigent  pupils,  as  explained  in 
the  remarks  on  that  subject. 

7.  Form  of  a  District  Tax  List  to  raise  any  tax  voted  or  charged 

on  a  district,  and  of  a  warrant  for  its  collection. 

List  of  taxes  apportioned  by  the  trustees  of  district  No. ,  in 

the  town  of  Trenton,  on  the  taxable  inhabitants  of  said  district,  and 
corporations  holding  property  therein,  and   upon   real   estate  lying 
within  the  boundaries  of  such  district,  the  owners  of  which  are  non- 
residents thereof,  for  the  purpose  of  raising  the  sum  of 
laid  and  charged  on  the  said  district,  according  to  law. 


TRUSTEES  OF  SCHOOL  DISTRICTS. 


127 


Names  of  inhabitants  and  corporations. 


James  Thomas, 

The  President,  Directors,  and  Company  of 
the  Bank  of  Utica, 

James  Thomas,  executor  of  the  estate  of 
John  Thomas,  deceased, , 


Statement  and  description  of  unoccupied  and  unimproved  lands  of 
non-residents  of  said  district ,  upon  which  a  tax  has  bten  imposed 
as  above  stated. 


'"* 

!  ~i  °  ' 

tefr 

"3  Zju  c 

§ 

c 

No.  and  description  of  lots  and  parts 

.1  3 

-"~*     M 

§1 

of  lots. 

,5  -c 

o 

3    ^_     .^,      *- 

cc   " 

2 

^ 

^  s 

«3 

No.  17,  

10    acres. 

$25  00 

$0  75 

Southwest  quarter  of  lot  No.  23,.  .  . 

2J     do 

6  00 

0  50 

Tract  not  subdivided,  

5       do 

10  00 

0  62i 

or 

Tract,  the  subdivision  of  which  can- 

not be  ascertained,  bounded  north 

by  lot  No.  17,  south  by  north  line 

'  of  A.  B..  east  by  lot  15,  and  west 

>•   ' 

by  town  line,  

do 

do 

do 

To  the  collector  of  school  district  No.         in  the  town  of  Tren- 
ton, in  the  county  of  Oneida: 

You  are  hereby  commanded  to  collect  from  each  of  the  taxable 
inhabitants  and  corporations  named  in  the  foregoing  list,  and  of  the 
owners  of  the  real  estate  described  therein,  the  several  sums  men- 
tioned in  the  last  column  of  the  said  list,  opposite  to  the  persons 
and  corporations  so  named,  and  to  the  several  tracts  of  land  so  de- 
scribed, together  with  five  cents  on  each  dollar  thereof  for  your  fees: 
and  in  case  any  person  upon  whom  such  tax  is  imposed,  shall  neg- 
ect  or  refuse  to  pay  the  same,  you  are  to  levy  the  same  by  distress 
and  sale  of  the  goods  and  chattels  of  the  person  or  corporation  so 
taxed,  in  the  same  manner  as  on  warrants  issued  by  the  board  of  su- 
pervisors to  the  collectors  of  towns;  and  you  are  to  make  a  return 
of  this  warrant  within  thirty  days  after  the  delivering  thereof  to  you; 
and  within  that  time  to  pay  over  all  moneys  collected  by  virtue  here- 
of to  the  trustees  of  the  said  district,  some  or  one  of  them;  and  if 


128  TRUSTEES  OF  SCHOOL  DISTRICTS. 

any  tax  on  the  real  estate  of  a  non-resident  mentioned  in  the  said 
list  shall  be  unpaid  at  the  time  when  you  are  required  to  return  this 
warrant,  you  are  to  deliver  to  the  trustees  of  the  said  district  an  ac- 
count thereof,  according  to  law. 

Given  under  our  hands  this         day  of          in  the  year  one  thou- 
sand eight  hundred  and  forty 

A.  B.  j 

C.  D  [Trustees. 

E.  F.  ) 

It  is  not  necessary  for  the  trustees  to  affix  their  seals  to  any  war- 
rant. 

8  Renewal  of  Warrants. 

By  §  112  (No.  137,)  the  trustees  are  expressly  authorized  to  re- 
new a  warrant  against  any  delinquent  person  once;  but  in  analogy 
to  a  decision  of  the  supreme  court,  relating  to  warrants  for  the  col- 
lection of  town  and  county  taxes,  it  has  been  supposed  that  a  war- 
rant issued  by  trustees  of  school  districts  could  not  be  renewed  more 
than  once.  This  has  been  remedied  by  the  §  1 13  (No.  138.)  They  may 
now  be  renewed  as  often  as  may  be  necessary,  with  the  approbation 
of  the  town  superintendent,  but  not  otherwise.  Applications  for  such 
approbation  must  state  the  facts  and  circumstances,  and  the  reason 
why  the  warrant  has  not  been  collected,  and  must  be  verified  by  oath. 
Such  renewal  may  be  in  the  following  form,  endorsed  on  the  waf- 
rant: 

We  hereby  renew  the  within  warrant,  with  the  approbation  of  the 
town  superintendent  of  common  schools,  this  day  of  184 

Trustees. 


IV.  Duties  of  Trustees  in  relation  to  the  purchase,  cus- 
tody and  sale  of  school  houses  and  sites,  the  repair  of 
such  houses,  and  furnishing  them  with  necessary  fuel 
and  appendages. 

1.   Purchase  and  custody  of  school  houses. 

By  sub.  5,  of  §  82,  (No.  107,)  trustees  of  school  districts  are  vest- 
ed with  full  and  ample  powers  for  carrying  out  the  vote  of  the  dis- 
trict, for  the  procurement  of  a  site  and  building,  by  hiring  or  pur- 


TRUSTEES  OF  SCHOOL  DISTRICTS.  129 

chasing,  and  for  furnishing  and  repairing  the  school  house;  and  by 
sub.  6,  of  the  same  section,  they  are  "  to  have  the  custody  and  safe 
keeping  of  the  district  school  houses." 

Questions  have  frequently  arisen,  as  to  the  extent  of  the  power 
conferred  by  this  last  subdivision;  and  to  what  uses  the  school  house 
should  be  confined  by  the  trustees. 


The  general  principle  in  relation  to  questions  of  this  nature  aris- 
ing in  the  several  school  districts,  is  this:  that  it  is  the  duty  of  the 
trustees  to  exercise  such  a  general  supervision  over  the  care  and 
management  of  the  district  school  house,  as  that  the  instruction  of 
pupils  in  the  school  shall  not  be  embarrassed  by  any  use  of  the  house 
other  than  for  school  purposes;  and  that  the  property  of  the  district, 
and  the  furniture,  books,  and  papers  belonging  to  the  school,  or  the 
pupils  shall  not  be  injured  or  destroyed.  Any  use  of  the  house  in 
subordination  to  these  restrictions,  and  not  inconsistent  with  the  main 
purposes  for  which  it  was  designed,  must  be  left  to  the  determina- 
tion and  pleasure  of  those  to  whom  it  belongs,  whose  wishes  and  di- 
rections in  this  respect,  the  trustees  are  bound  to  carry  out.  The 
school  house  is  the  property  of  the  district  and  subject  to  its  control, 
within  the  limitations  of  the  law.  The  purpose  for  which  it  was 
erected  must  be  pursued,  and  nothing  can  be  suffered  to  interfere 
with  that.  Upon  this  principle,  and  subject  to  the  restrictions  and 
limitation  referred  to,  it  may  be  used  out  of  school  hours,  and  when 
not  wanted  for  any  district  purpose,  for  religious  meetings,  Sunday 
schools,  lectures,  debating  societies,  or  any  other  moral,  literary  or 
useful  purpose,  with  the  approbation  of  a  majority  of  the  district 
and  the  consent  of  the  trustees,  or  any  two  of  them. 

2.  Sale  of  School  House  and  Site. 

A  very  important  branch  of  the  duties  incumbent  upon  trustees,  is 
that  which  relates  to  the  disposition  of  the  school  house  and  site, 
when  no  longer  required  for  district  purposes.  By  §  74,  (No.  99f) 
the  inhabitants  of  the  district  are  authorized,  whenever  the  site  o, 
the  school  house  has  been  legally  changed,  to  direct  the  sale  of  the 
former  site,  together  with  the  buildings  and  appurtenances,  or  any 
part  thereof,  at  such  price,  and  upon  such  terms  as  they  shall  deem 
most  advantageous  to  the  district.  In  this  the  trustees  act  merely  as 


130  TRUSTEES  OF  SCHOOL  DISTRICTS. 

the  ministerial  officers  of  the  district,  and  are  bound  to  carry  out  the 
directions  of  the  inhabitants.  They  are  to  execute  the  necessary 
conveyances  to  the  purchaser;  and  when  a  credit  is  directed  to  be 
given  for  any  portion  of  the  consideration  money,  they  are  to  take, 
in  their  corporate  name,  such  security,  by  bond  and  mortgage  or 
otherwise,  as  they  may  think  proper;  to  hold  the  same  as  a  corpo- 
ration, and  account  to  their  successors;  and  they  are  also  authorized, 
in  their  name  of  office  to  sue  for  and  recover  the  moneys  due  and 
unpaid  upon  any  security  so  taken  by  them,  or  their  predecessors, 
with  interest  and  costs.  They  are  by  §  75,  of  the  same  act,  (No. 
100,)  to  apply  the  moneys  arising  from  such  sale  to  the  expenses  in- 
curred in  procuring  a  new  site,  and  in  removing  or  erecting  a  school 
house,  so  far  as  such  application  shall  be  necessary. 

By  §  50,  (No.  75.)  "  Whenever  two  or  more  districts  or  parts  of 
districts  shall  be  united,  and  there  shall  be  more  than  one  school 
house  in  such  new  or  altered  district,  the  trustees  of  such  district 
may  sell  the  site  and  buildings  thereon,  of  either  or  both  the  school 
houses  situated  in  such  new  district." 

3.  Modes  of  providing  Fuel. 

There  are  three  modes  of  providing  fuel  for  the  use  of  school  dis- 
tricts. 1st.  By  a  specific  tax  for  that  purpose,  to  be  voted  by  the 
inhabitants:  2d.  Where  this  mode  is  not  adopted,  the  trustees  are 
directed  by  §  107,  (No.  132,)  to  determine  the  proportion  which 
every  person  sending  children  to  school  shall  be  liable  to  provide, 
according  to  the  number  sent  by  each,  exempting  indigent  persons: 
and  3d.  "  If  any  person  liable  to  provide  such  fuel,  shall  omit  to  pro- 
vide the  same,  on  notice  from  any  one  of  such  trustees,  it  shall  be 
the  duty  of  the  trustees  to  furnish  such  fuel,  and  to  charge  the  per- 
son so  in  default,  the  value  of  or  amount  paid  for  the  fuel  furnished," 
§  108,  (No.  133,)  and  to  add  such  amount  to  his  rate-bill,  or  prose- 
cute for  and  collect  the  same.  §  108,  (No.  133.) 

Trustees  should  see  that  the  respective  proportions  of  fuel  are 
promptly  furnished  by  the  inhabitants,  or  the  amount  due,  on  neg- 
lect, promptly  collected. 

The  statue  uses  the  term  "  fuel/'  which  imports  wood  or  other  ma- 
terial in  a  state  fit  for  use.  The  trustees  should  not  receive  large  or 
green  logs,  which  require  splitting  or  cutting;  but  should  require  the 
wood  to  be  adapted  to  the  fire  place  or  stove.  Unless  this  is  done 
by  those  who  are  to  furnish  the  fuel^  there  are  no  means  of  having 


TRUSTEES  OF  SCHOOL  DISTRICTS.  131 

it  prepared.  It  cannot  be  said  to  be  the  duty  of  the  teacher  or  of 
the  pupils,  to  cut  or  split,  or  in  any  way  to  prepare  the  materials 
sent  for  use.  Great  inconvenience  has  been  frequently  experienced 
from  the  omission  to  supply  proper  fuel,  and  the  schools  have  often 
been  dismissed  in  consequence. 


V.  The  employment  of  teachers  and  their  payment,  and 
the  making  out  and  collecting  of  rate  bills.  ' 

1.  Contracts  with  Teachers. 

By  subdivision  7  of  §  82,  (No.  107,)  trustees  are  "  to  contract 
with  and  employ  all  teachers  in  the  district." 

The  most  fruitful  source  of  difficulty  in  school  districts,  and  of  ap- 
plications to  the  superintendent,  has  been  the  loosness  and  irregularity 
with  which  these  contracts  have  been  made.  In  some  districts  the 
trustees  have  agreed  to  pay  the  teacher  the  whole  amount  T)f  public 
money  that  should  be  received,  be  it  more  or  less.  This  is  unjust  to 
the  teacher  or  the  district,  and  has  almost  always  led  to  contention. 
The  agreement  should  be  to  pay  him  a  specific  sum  by  the  month  or 
by  the  quarter,  adequate  to  the  value  of  his  services.  If  the  public- 
money  is  not  sufficient,  the  deficiency  should  be  supplied  by  a  rate 
bill.  It  is  not  to  be  believed  that  any  intelligent  citizen  will  con- 
sider that  sordidness  to  be  economy  which  prefers  that  their  children 
should  be  brought  up  in  ignorance,  or  instructed  in  error,  rather  than 
contribute  the  mere  trifle  which  will  secure  them  an  education,  at  least 
sound  and  accurate,  as  far  it  goes.  When  the  rewards  which  other 
professions  and  avocations  hold  out  to  talent,  knowledge  and  indus- 
try, are  so  liberal,  how  can  it  be  expected  that  persons,  competent  to 
the  great  business  of  instruction,  should  devote  themselves  to  it  for  a 
compensation  inadequate  to  their  support? 

If  the  public  money  should  be  more  than  sufficient  to  remunerate 
the  teacher,  the  trustees  should  consider  whether  they  may  not  estab- 
lish another  school  or  distinct  department.  A  large  amount  of  pub- 
lic money  indicates  a  large  number  of  children  over  five  and  under 
sixteen,  and  of  course  there  will  be  the  materials  for  a  large  school, 
or  for  more  than  one,  especially  if  they  are  of  a  character  to  com- 
mand respect  and  inspire  confidence. 

It  is  strongly  recommended   that  wherever  it  shall  be  practicable, 


132  TRUSTEES  OF  SCHOOL  DISTRICTS. 

there  be  a  separate  school  for  boys  under  the  charge  of  a  male  teach- 
er, and  another  for  girls  under  a  female. 

Should  there  be  a  surplus  of  public  money  after  paying  a  fair  and 
just  equivalent  to  the  teachers  who  can  be  usefully  employed,  the  dis- 
trict will  always  be  relieved  from  the  consequences  of  not  expending 
the  whole,  upon  application  to  the  superintendent. 

A  practice  prevails  to  some  extent,  of  contracting  with  teachers 
that  they  shall  collect  the  rate  bill,  or  the  sum  that  may  be  deficient 
after  applying  the  public  money.  This  is  wholly  illegal,  and  is  sure 
to  involve  trustees  and  teachers  in  difficulty.  The  deficiency  must 
be  collected  by  the  trustees,  by  warrant,  annexed  to  a  rate  bill,  and 
delivered  to  the  collector.  The  superintendent  has  constantly  refused 
to  interfere  in  all  cases  wJ'ere  any  arrangement  for  the  collection  of 
teachers'  wages,  other  than  that  prescribed  by  law  has  been  made; 
and  he  will  steadily  continue  such  refusal.  The  expression  in  subdi- 
vision 8* of  §  82,  (No.  107,)  "  excepting  such  sums  as  may  have 
been  collected  by  the  teachers,"  implies  that  they  may  collect  their 
wages.  But  this  can  apply  only  to  the  case  of  voluntary  payment, 
and  does  not  justify  trustees  in  abandoning  the  means  of  collection 
provided  by  law. 

Another  practice  requires  notice.  It  is  that  of  trustees  engaging 
with  a  teacher  that  he  shall  board  with  the  parent  of  the  children 
alternately.  There  is  no  authority  for  such  a  contract,  and  it  cannot 
be  enforced  on  the  inhabitants.  This  compulsory  boarding  gives  oc- 
casion to  constant  altercation  and  complaint,  which  often  terminates 
in  breaking  up  the  school.  The  best  arrangement  is  to  give  the 
teacher  a  specific  sum  and  let  him  board  himself.  But  there  are  some 
districts  so  destitute  that  it  may  afford  the  inhabitants  considerable 
relief  to  be  permitted  to  board  the  teacher.  In  such  cases  the  object 
can  be  obtained  in  another  way.  Let  the  trustees  contract  with  the 
teacher  at  a  specific  sum  per  month,  or  by  the  quarter,  and  they  then 
agree  with  him,  that  if  he  shall  be  afforded  satisfactory  board  at  the 
house  of  any  of  the  inhabitants,  he  will  allow  whatever  sum  may  be 
agreed  on  per  week  for  such  board,  to  be  applied  to  his  wages,  and 
will  give  an  order  on  the  trustees  for  the  amount,  to  the  person  with 
whom  he  boards:  and  the  trustees  may  then  accept  such  order  from 
the  inhabitants,  as  payment  to  that  extent  upon  his'tuition  bill,  and 
deduct  it  from  the  amount  to  be  paid  the  teacher,  after  having  paid 
him  the  whole  of  the  public  money. 


TRUSTEES  OF  SCHOOL  DISTRICTS.  133 

It  is  strongly  recommended  that  all  contracts  with  teachers  be 
snade  in  writing,  and  a  duplicate  kept  by  each  party.  In  no  other 
way  can  justice  be  done  to  the  parties  in  case  of  any  dispute 

The  power  of  the  trustees  to  contract  with  and  employ  teachers, 
cannot  be  controlled  by  the  inhabitants:  although  it  should  never  be 
exercised  unless  under  very  peculiar  circumstances,  in  opposition  to 
the  known  wishes  of  a  decided  majority  of  the  district. 

2.  Mode  of  Paying  Teachers. 

$  This  is  specifically  provided  for  by  §  82,  (No.  107,)  above  re- 
referred  to.  By  subdivision  eight,  the  trustees  are  "  to  pay  the 
wages  of  such  teachers,  when  qualified,  out  of  the  moneys  which  shall 
come  into  their  hands  from  town  superintendents  of  common  schools, 
so  far  as  such  moneys  shall  be  sufficient  for  that  purpose;  and  to  col- 
lect the  residue  of  such  wages,  excepting  such  sums  as  may  have 
been  collected  by  the  teachers,  from  all  persons  liable  therefor." 

By  subdivisions  nine,  ten,  eleven,  twelve,  thirteen  and  fourteen, 
they  are, 

"  To  divide  the  public  moneys  received  by  them,  whenever  author- 
ised by  a  vote  of  their  district,  into  not  exceeding  two  portions  for 
each  year,  to  assign  an.l  apply  one  of  such  portions  to  each  term  du- 
ring which  a  school  shall  be  kept  in  such  district,  for  the  payment 
of  the  teachers'  wages  during  such  quarter  or  term;  and  to  collect 
the  residue  of  such  wages,  not  paid  by  the  proportion  of  public  mo- 
ney allotted  for  that  purpose,  from  the  persons  liable  therefor,  as 
above  provided, 

"  To  exempt  from  the  payment  of  wages  of  teachers,  either  wholly 
or  in  part,  such  indigent  persons  within  the  district  as  they  shall  think 
proper,  in  any  one  quarter  or  term,  and  the  same  shall  be  a  charge 
upon  such  district: 

"  To  certify  such  exemptions,  and  deliver  the  certificate  thereof, 
to  the  clerk  of  the  district,  to  be  kept  on  file  in  his  office: 

"  To  ascertain,  by  examination  of  the  school  lists  kept  by  such  teach- 
ers, the  number  of  days  for  which  each  person  not  so  exempted,  shall 
be  liable  to  pay  for  instruction,  and  the  amount  payable  by  each  per- 
son. 


134  TRUSTEES  OF  SCHOOL  DISTRICTS. 

"  To  make  out  a  rate  bill  containing  the  name  of  each  person  so 
liable,  and  the  amount  for  which  he  is  liable,  and  to  annex  thereto 
a  warrant  for  the  collection  thereof:  and 

"  To  deliver  such  rate  bill,  with  the  warrant  annexed,  to  the  col- 
lector of  the  district,  as  directed  by  subdivision  14,  of  §  82  (No. 
107,)  and  §  83,  (No.  108.) 

By  §  84,  of  the  same  act,  (No.  109,)  "  where  by  'reason  of  the 
inability  to  collect  any  tax  or  rate  bill,  there  shall  be  a  deficiency  in 
the  amount  r  cd,  the  inhabitants  of  the  district,  in  district  meeting, 
shall  direct  the  i  nng  of  a  sufficient  sum  to  supply  such  deficiency, 
by  tax,  or  the  same  hall  be  collected  by  rate  bill,  as  the  case  may 
require." 

In  accordance  with  these  several  provisions,  trustees  of  districts  in 
making  out  their  rate  bills,  will  hereafter  proceed  as  follows: 

1.  They  will  first  ascertain  the  amount  due  to  the  teacher,  under 
his  contract,  for  the  first  quarter's  services. 

2.  They  will  then  apply  so  much  of  the  public  money  as  is  appli- 
cable to  the  term,  in  diminution  of  such  amount. 

3.  They  will  assess  the  balance  upon  each  inhabitant  who  has  sent 
to  the  school  during  the  term,  (including  indigent  persons)  according 
to  the  number  of  children  and  of  days  sent  by  each,  as    appears  by 
the  verified  list  kept  by  the  teacher,  under  the  104th  section  of  the 
aforesaid  act.     (No.  129.) 

4.  They  will  then  proceed  to  exempt,  either  wholly  or  in  part, 
such  indigent  inhabitants  as  they  may  think  proper  for  the  payment 
of  their  proportion  of  such  assessment,  and  certify  the  whole  amount 
of  such  exemptions,  and  deliver  the  certificate  thereof  to  the  clerk  of 
the  district,  to  be  kept  by  him. 

5.  They  will  then  make  out  a  rate  bill  against  those  exempted  in 
part,  for  the  balance   remaining  after   such   partial   exemption,  and 
against  those  not  exempted  either  wholly  or  in  part,  for  the   collec- 
tion of  the  amounts  assessed  against  them  respectively,  and  add  their 
warrant,  in  the  usual  manner.     Such  warrants  need  not  be  under  seal, 
and  may  be  executed  by  the  collector  "  in  any  other  district  or  town, 
in  the  same  manner,  and   with  the  like  authority,  as  in  the   district 
for  which  he  was  chosen  or  appointed."     (No.  128.) 


TRUSTEES  OF  SCHOOL  DISTRICTS.  135 

6.  The  trustees  will  collect  the  amount  of  exemptions,  as  certified 
by  them,  by  a  tax,  which  they  are  authorised  to  impose  by  the  109th 
section  (No.  134,)  upon  all  the  taxable  inhabitants  of  the  district, 
"  in  the  same  manner  as  if  the  definite  sum  to  be  raised  had  been 
voted  by  a  district  meeting."  They  may  immediately  proceed  to  im- 
pose this  tax;  or  they  may  add  the  amount  to  any  tax  thereafter  im- 
posed for  district  purposes,  as  may  be  most  convenient. 

Trustees  should  exercise  a  liberal  discretion  in  making  exemptions 
in  behalf  of  indigent  inhabitant?,  so  that  the  charge  for  tuition  shall 
in  no  case  be  burdensome:  while  on  the  other  hand,  they  should  ne- 
ver allow  the  consideration  of  the  trifling  amount  of  the  general  tax 
for  such  exemption  when  levied  upon  the  whole  taxable  property  of 
the  district,  to  tempt  them  .into  an  unnecessary  exercise  of  the  pow- 
ers confided  to  them. 

To  illustrate  this  proceeding  more  fully,  let  us  apply  the  several 
steps  necessary  to  be  taken  in  ordinary  cases.  Suppose  a  teacher 
employed  for  the  usual  term  of  four  months  at  $20  per  month.  The 
public  money,  including  local  funds,  belonging  to  the  district,  and 
applicable  to  the  term,  either  by  the  decision  of  a  district  meeting, 
as  above  specified,  or  by  the  determination  of  the  trustees,  is  $40: 
the  amount  due  the  teacher  for  his  quarter's  services  is  of  course  $80, 
of  which  the  trustees  pay  him  $40  at  once,  from  the  public  money, 
and  take  his  receipt  therefor.  They  then  call  upon  him  for  his  list, 
kept  and  verified  according  to  the  provisions  of  §  104,  (No.  129,)  and 
after  having  ascertained  from  such  list,  the  number  of  days'  attendance 
for  which  each  person  sending  to  school  is  liable,  they  will  proceed  to 
assess  the  respective  proportions  of  the  remaining  $40,  from  each,  ac- 
cording to  the  whole  number  of  days  and  children  sent.  Thus  if  one  in- 
habitant has  sent  four  children  for  104  days,  he  will  be  charged  for  416 
days,  and  so  on.  Suppose  upon  adding  up  the  whole  number  of  days 
thus  ascertained,  the  total  is  found  to  be  4,000,  for  the  average  attend- 
ance of  40  scholars  for  the  whole  term:  the  proportion  of  $40  due 
for  one  scholar  for  each  day,  would  be  one  cent:  and  this  multiplied 
by  the  number  of  days  each  scholar  attended,  would  give  his  propor- 
tion: and  by  adding  the  proportions  of  each  belonging  to  the  same 
family,  the  amount  due  from  each  person  sending  to  school  is  ascer- 
tained. The  trustees  then  make  out  an  assessment  in  the  following 
form: 


136 


TRUSTEES  OF  SCHOOL  DISTRICTS. 


Form  of  Assessment. 

Assessment  containing  the  name  of  each  person  liable  for  teach- 
ers' wages  in  district  No.  in  the  town  of  Trenton,  for  the  term 
ending  on  the  day  of  184  ,  and  the  amount  for  which  each 
person  is  liable. 


Names  of  inhabitants  sending  to  school. 

Whole  No. 
of  days  sent. 

Amount   of 
school  bill. 

John  Jackson,  

104 

$1   04 

416 

4    16 

Timothy  Warner,  .    ,  

312 

3  12 

Peter  Barney,  t  

50 

50 

54 

54 

416 

4  16 

104 

1  04 

104 

1  04 

520 

5  20 

John  Radcliff,  

520 

5  20 

520 

5  20 

520 

5  20 

360 

3  60 

3.120 

$40  00 

The  assessment  should  be  signed  by  the  trustees  and  filed  with  the 
district  clerk. 

The  next  step  is  to  exempt  such  indigent  persons  as  the  trustees 
may  think  proper,  from  the  payment  of  the  sums  set  opposite  to  their 
names,  either  wholly  or  in  part.  Suppose  Peter  Barney  to  be  ex- 
empted wholly,  and  Thomas  Jones  and  John  Radcliff  each  from  the 
payment  of  one-half  the  amounts  assessed  to  them;  the  trustees  will 
first  make  out  a  certificate,  to  be  filed  with  the  clerk  of  the  district 
in  the  following  form: 

3.  Certificate  of  exemption. 

We,  the  undersigned,  trustees  of  District  No.  in  the  town  of 

Trenton,  do  certify,  that  we  have  this  day  exempted  Peter  Barney 
from  the  payment  of  any  share  of  the  wages  of  the  teacher  employed 
in  said  district  for  the  term  ending  on  the  day  of 

18  and  Thomas  Jones  and  John  Radcliff  each  from  the  payment 
of  one  half  the  amount  assessed  to  them  respectively,  as  their  share 
of  such  wages. 

Dated  Uis  day  of  18 

A.  B.  ) 

C.  D.  \  Trustees. 

E.  F.S 


TRUSTEES  OF  SCHOOL  DISTRICTS. 


137 


They  will  then  proceed  to  make  out  their  rate  bill  and  warrant  in 
the  following  manner: 

Form  of  Rate  Bill  and  Warrant. 

Rate  bill,  containing  the  name  of  each  person  liable  for  teachers' 
wages,  in  District  No.  in  the  town  of  Trenton,  for  the  term  end- 
ing on  the  day  of  184  and  the  amount  for  which 
each  person  not  exempted,  either  wholly  or  in  part,  from  the  pay- 
ment of  such  amount,  is  so  liable,  with  the  fees  of  the  collector 
thereon. 


Names  inhabitants  sending 
to  school. 

<*-( 
0 

f-t 

o>  •*•» 

G     ^ 

"o  "° 

~o 

0 

3 

o  r^ 
a 

0 

I 

John  Jackson,  

104 

$1  04 

James  Johnson,  

416 

4  16 

Timothy  Warner,  

312 

3  12 

Solomon  Kinney,  

54 

0  54 

416 

4  16 

Paid  to  teacher. 

J04 

1  04 

104 

1  04 

$3  paid  to  teacher. 

520 

2  60 

520 

2  60 

520 

5  20 

520 

5  20 

360 

3  60 

3,070 

36  90 

To  the  Collector  of  School  District  No. 
ton,  in  the  county  of  Oneida. 


in  the  town  of  Tren- 


You  are  hereby  commanded  to  collect  from  each  of  the  persons  in 
the  annexed  rate  bill  named,  the  several  sums  mentioned  in  the  last 
column  thereof,  with  five  per  cent  for  your  fees,  excepting  such  sums 
as  may  have  been  collected  by  the  teacher  or  paid  to  the  trustees; 
and  within  thirty  days  after  receiving  this  warrant  to  pay  the  amount 
so  collected  by  you,  into  the  hands  of  the  trustees  of  said  district,  or 
one  of  them;  and  in  case  any  person  therein  named  shall  neglect  or 


138  TRUSTEES  OF  SCHOOL  DISTRICTS. 

refuse  to  pay  the  amount  set  opposite  his  name  as  aforesaid,  you 
are  to  levy  the  same  by  distress  and  sale  of  the  goods  and  chattels 
of  such  person. 

Given  under  onr  hands,  this  day  of  in  the  year 

of  Lord  one  thousand  ei^ht  hundred  and 

A.  B.1 

C.  D   >  Trustees. 
E.  F.  ) 

There  will  still  remain  $3.10  of  the  amount  due  the  teacher  for 
his  wages,  being  the  amount  of  exemptions  by  the  trustees;  and  this 
sum  must  be  levied  by  tax  on  all  the  taxable  inhabitants  of  the  district 
and  corporations  holdipg  property  therein,  in  the  same  manner  as 
though  such  amount  had  been  actually  voted  by  the  district  to  be 
raised.  If  the  teacher  can  wait  upon  the  district,  or  the  trustees 
choose  to  advance  the  money  in  its  behalf,  the  amount  may  be  added 
to  the  next  tax  that  may  be  voted  for  district  purposes.  It  should, 
however,  be  assessed  within  a  reasonable  time;  and  wherever  the 
amount  of  exemptions  is  sufficient  to  warrant  an  immediate  assess- 
ment, it  should  at  once  be  levied.  The  trustees  must  exercise  a  sound 
discretion  in  this  respect,  with  reference  to  the  amount  to  be  raised, 
and  the  probability  of  an  early  opportunity  to  add  it  to  some  district 
tax. 

Any  inhabitant  of  the  district  liable  for  the  payment  of  teachers' 
wages,  may  pay  his  proportion  to  the  trustees,  at  any  time  before 
the  expiration  of  thirty  days  after  the  rate  bill  is  actually  made 
out;  and  such  payment  exempts  him,  to  the  extent  so  paid  from  the 
operation  of  the  rate  bill.  The  language  of  the  8th  subdivision  of 
§  82,  (No.  107,)  recognizes  the  right  of  collection  on  the  part  of  the 
teacher;  although,  as  before  remarked,  its  exercise  is,  as  a  general 
rule,  inexpedient.  Where  any  portion  of  his  bill  is  thus  collected  by 
the  teacher  or  trustees,  the  amount,  and  the  name  of  the  inhabitant 
paying  it,  should  be  noted  by  the  trustees  on  the  rate  bill  and  the 
amount  so  paid  must  be  allowed  to  the  credit  of  the  person  paying  it. 
But  the  whole  sum  for  which  the  rate  bill  and  preliminary  assess- 
ment is  made  out,  is  not  to  be  varied  by  the  fact  of  such  payment; 
credit  only  is  to  be  given  for  the  amount  paid  to  the  teacher  and 
trustees,in  the  rate  bill;  as  otherwise  by  diminishing  the  sum  to  be 
raised  by  the  amount  so  paid,  a  double  assessment  on  the  person 
paying,  would  be  the  consequence. 


TRUSTEES  OF  SCHOOL  DISTRICTS.  139 

* 

VI.  Annual  F  eports  cf  Trustees 

1.  When  Annual  Reports  of  Trustees  are  to  be  made. 

The  statute,  §  115,  (No.  140,)  requires  that  trustees  shall  make 
their  annual  reports,  between  the  first  and  fifteenth  days  of  January  in 
each  year,  and  transmit  the  same  to  the  town  superintendents.  The 
report  includes  the  transactions  of  the  year  ending  the  last  day  of  the 
preceding  December.  If  the  trustees  make  their  reports  at  an  early 
day,  the  town  superintendent  will  have  time  to  examine  them  and 
return  them  for  correction,  when  found  defective. 

If  a  report  does  not  show  a  compliance  with  the  law,  the  town 
superintendent  cannot  apportion  to  the  district  a  share  of  the  school 
moneys;  and  if  the  presentation  of  the  report  is  delayed  until  the  day 
of  the  apportionment,  no  time  will  be  left  for  returning  it  to  the  trus- 
tees, and  the  district  will  lose  its  public  money,  leaving  only  the  re- 
mote contingency  of  showing  a  case  which  will  justify  the  superin- 
tendent of  Common  Schools  in  allowing  the  loss  to  be  made  up  at 
the  next  year's  apportionment.  Even  if  his  interposition  is  obtained, 
great  inconvenience  and  embarrassment  are  inevitable,  through  the 
loss  of  the  public  money  one  year,  and  the  receipt  of  a  double  por- 
tion the  next. 

When  trustees  go  out  of  office  between  the  last  of  December  and 
fifteenth  of  January  following,  they  should  promptly  make  out  their 
report  before  the  expiration  of  the  term  of  office,  and  deliver  it  to 
their  successors.  This  will  save  them  and  their  successors  much 
trouble,  and  will  much  facilitate  their  receipt  of  the  public  money. 

By  §  145,  (No.  173,)  trustees  of  school  districts  will  perceive  that 
a  penalty  of  ten  dollars  is  imposed  for  refusing  or  wilfully  neglecting 
to  make  any  report,  or  to  perform  any  other  duty  required  by  law  or 
by  the  regulations  or  decisions  of  the  superintendent,  made  under  the 
authority  of  any  statute;  and  they  are  referred  to  the  foregoing  in- 
structions to  supervisors,  for  the  views  of  the  superintendent  respect- 
ing the  execution  of  this  provision.  They  are  also  liable  to  a  pen- 
aly  of  $25,  and  to  be  deemed  guilty  of  a  misdemeanor,  for  signing  a 
false  report,  with  intent  to  procure  a  greater  share  of  public  money 
than  the  just  proportion  of  their  district.  §  123,  (No.  148.) 


140  TRUSTEES  OF  SCHOOL  DISTRICTS. 

9 

2.  Report,  what  to  contain. 

In  addition  to  the  particulars  required  by  §  116,  (No.  141,)  trustees 
are  to  state  such  other  information  in  relation  to  the  schools  as  the 
superintendent  may  require. 

By  virtue  of  the  authority  conferred  on  the  superintendent,  by  the 
same  section,  they  are  also  hereby  required,  hereafter  to  state  in  their 
annual  reports, 

1.  The  number  of  books  belonging  to  their  district  library  on  the 
last  day  of  December  in  each  year: 

2.  The  number  of  times  the  school  in  their  district  has  been  in- 
spected and  visited  by  the   town  superintendent   during  the  year  re- 
ported: 

3.  the  names  of  the  several   school  books   in  use  in  the  school  in 
their  district  during  such  year: 

4.  The  number  of  pupils  who  have  attended  the  school  in  said  dis- 
trict for  a  term  less  than  two  months,  during  the  said  year;  the  num- 
ber attending  two  and  less  than  four  months;  the  number  attending 
four  and  less  than  six  months;  the   number   attending  six   and  less 
than  eight  months;  the   number   attending   eight    and   less  than  ten 
months;  the  number  attending  ten  and  less  than  twelve  months;  and 
the  number  attending  twelve  months; 

5  The  number  of  select  and  private  schools  in  their  district,  other 
than  incorporated  seminaries,  and  the  average  number  of  pupils  at- 
tending them  during  the  preceding  year. 

6.  The  number  of  colored  children  between  the  ages  of  five  and 
sixteen  years,  attending  any  school  for  such  children  established 
in  the  district,  and  instructed  therein  at  least  four  months  by  a  teacher 
duly  licensed,  specifying  the  number  attending  from  different  districts, 
designating  such  districts,  and  the  number  from  each,  the  amount  of 
public  money  received  from  the  town  superintendents  for  such  schools 
during  the  year  ending  with  the  date  of  their  report,  and  the  amount 
paid  for  the  compensation  of  such  teacher,  over  and  above  the  public 
money  so  received, 


TRUSTEES  OF  SCHOOL  DISTRICTS.  141 

One  of  the  most  important  items  in  the  annual  report  of  trustees,  is 
the  number  of  children  residing  in  the  district  between  the  ages  of 
five  and  sixteen,  as  it  affords  the  most  sure  and  practical  test  of  the 
progress  of  primary  education.  There  is  reason  to  believe  as  has 
heretofore  been  remarked,  in  the  instructions  to  town  superintendents, 
(see  page  ante,)  that  the  reports  have  been  very  inaccurate  in  this 
respect.  Some  difficulty  has,  it  is  true,  been  experienced  in  deter- 
mining with  the  requisite  precision,  the  children  proper  to  be  included 
within  the  boundaries  of  the  several  districts;  but  the  specific  provis- 
ions of  the  late  act,  §  118,  (No.  143,)  will,  it  is  believed,  remove 
every  difficulty  of  this  kind.  By  that  section  it  is  required  that  the 
reports  shall  include  all  children  over  five  and  under  sixteen,  who, 
at  the  date  of  the  report,  are  actually  in  the  district,  composing  part 
of  the  family  of  their  employers,  residing  at  the  time  in  the  district, 
although  such  residence — that  is,  of  the  employers,  parents,  &c.,  be 
temporary.  But  children  belonging  to-  the  family  of  a  person  who 
is  an  inhabitant  of  another  district,  are  not  to  be  included.  If,  there- 
fore, a  person  who  is  not  an  inhabitant  of  some  other  district,  resides 
temporarily  in  a  given  district,  all  the  children'belonging  to  his  fami- 
ly are  to  be  reported.  The  law  embraces  a  class  of  persons  who  were 
not  before  enumerated  in  any  district: — those  whose  parents  or  em- 
ployers had  not  gained  a  residence  in  the  state. 

VII.  Trustees  accounting  to  their  Successors,  paying 
over  balances  and  delivering  papers  to  them. 

• 

When  the  term  of  office  of  the  trustees  expires,  after  the  annual 
distribution  is  made,  and  before  the  first  day  of  January,  their  suc- 
cessors are  often  put  to  great  and  unnecessary  trouble  to  obtain  the 
information  indispensable  to  enable  them  to  make  their  annual  re- 
ports. They  are,  by  law,  [section  125,  No.  150,]  required  to  ren- 
der an  account  in  writing,  "  of  all  moneys  received,  and  the  manner 
in  which  the  same  was  expended."  Even  this  is  too  often  neglect- 
ed, and  the  succeeding  trustees  are  unable  to  state  that  the  public 
money  has  been  applied  to  a  qualified  teacher,  and  of  course  the  dis- 
trict loses  its  money.  Trustees  guilty  of  such  neglect,  not  on'y  sub- 
ject themselves  to  a  penalty  of  ten  dollars,  but  are  liable  also,  indivi- 
dually, for  the  amount  of  money  thereby  lost  to  the  district.  As  they 
are  now  required,  by  §  104  of  the  act  of  1847,  (see  No.  129,)  to 
keep  a  book  in  which  they  are  to  enter  all  moneys  received  and  paid 
by  them,  and  all  moveable  property  belonging  to  the  district,  there 


142  TRUSTEES  OF  SCHOOL  DISTRICTS. 

can  be  no  difficulty  in  complying  with  the  law  respecting  the  render- 
ing their  accounts. 

But  the  rendering  of  full  accounts  of  money  received  and  expend- 
ed, is  not  sufficient  to  enable  succeeding  trustees  to  perform  their 
duties,  or  to  make  out  their  reports.  They  cannot  collect  money 
that  may  be  due  a  teacher,  without  knowing  what  scholars  have  at- 
tended the  school  and  how  many  days.  They  cannot  raise  the 
means  of  paying  for  fuel  or  other  lawful  expenses,  without  knowing 
what  expenses  have  been  incurred  and  remain  unpaid.  To  reach  this 
evil,  the  following  regulation  is  hereby  established: 

Whenever  trustees  of  school  districts  go  out  of  office,  they  shall, 
in  addition  to  the  account  they  are  required  by  law  to  render  to  their 
successors,  furnish  them  with: 

1.  A  written  statement  of  all  contracts  entered  into   by   them,  re- 
maining unpaid,  in  whole  or  in  part,  whether  made  with  teachers  or 
any  other  person,   the   amount   paid  by  them  on  such  contracts,  and 
the  sum  remaining  due: 

2.  If  there  be  any  sum  due  from  parents,   or   for  which  they  are 
liable  for  the  tuition  of  their  children,  the  trustees  shall  furnish  their 
successors  a  list  of  the  scholars  who  attended  school  during  the  time 
such  liability  accrued,  and  the  number  of  days  they  respectively  at- 
tended : 

3*  Unless  they  go  out  of  office  on  the  1st  day  of  January,  in  any 
year,  they  shall  also  furnish  their  successors  with  a  written  statement 
of  the  time  a  school  has  been  kept  in  the  district  since  the  1st  of 
January,  by  a  teacher  who  has  received  the  certificate  required  by 
law,  naming  such  teacher: 

4.  And  whenever  they  go  out  of  office  during  a  term  of  the  school 
not  then  ended,  they  shall  furnish  a  similar  statement,  of  the  time  a 
school  has  been  kept,  by  whom,  and  the  names  of  the  scholars  attend- 
ing during  such  term,  with  the  number  of  days   of  their  attendance 
respectively : 

5.  They  are  also  to   deliver   over  the  book  of  "  Common  School 
Decisions  and  Laws,"   the    instructions  and  circulars  they  may  have 
received  from  the  superintendent,  the  catalogue  of  the  district  library, 
and  all  other  papers  and  documents  relating  to  their  office,  and  they 
are  to  furnish  all  information  to  their  successors,    as  to    any  official 
act  or  duty,  that  may  be  required  by  them. 


TRUSTEES  OF  SCHOOL  DISTRICTS.  143 

VIII.  Suits  by  and  against  Trustees. 

1.  Suits  by  Trustees. 

By  §  74,  (No.  99,)  trustees  are  authorized  to  sue  for  and  recover 
the  moneys  due  upon  any  security  taken  by  them,  or  their  predeces- 
sors in  office,  on  the  sale  of  the  school-house  and  site  of  their  dis- 
trict, and  in  the  cases  provided  for  by  that  section,  with  interest  and 
costs. 

By  §  108,  (No.  133,)  the  trustees  are  authorised  to  sue  for  and  re- 
cover the  value  of,  or  amount  paid  for  the  proportion  of  fuel  which 
any  inhabitant  of  the  district  shall  neglect  to  provide,  on  notice,  to- 
gether with  costs  of  suit. 

By  §  112,  (No.  137,)  trustees  are  authorized  to  prosecute  for  the 
amount  due  on  a  tax  list  or  rate  bill,  against  non-residents  of  their 
district,  where  no  goods  or  chattels  can  be  found  in  the  district 
whereon  to  levy. 

By  §  114,  (No.  139,)  they  are  directed,  in  case  the  moneys  ap- 
portioned to  their  district  are  withheld,  to  prosecute  for  the  recovery 
thereof,  with  interest,  against  the  officer  in  whose  hands  the  same 
shall  be,  or  to  pursue  such  other  remedy  for  the  recovery  thereof,  as 
is  or  shall  be  given  by  law.  This  provision,  it  is  supposed,  is  ap- 
plicable only  to  cases  of  illegal  detention  in  the  hands  of  the  town 
superintendent,  of  money  apportioned  to  a  district,  and  not  to  the 
withholding  of  such  money  in  consequence  of  the  discovery  of  some 
illegality  or  informality  in  the  reports  from  the  districts.  Where  the 
right  of  the  district  to  its  share  is  incontestible,  and  the  amount  is 
still  withheld  for  any  reason,  the  trustees  are  directed  to  prosecute; 
and  the  proper  remedy  in  such  a  case,  would  be  an  action  of  assump- 
sit  for  money  had  and  received  to  the  use  of  the  district  against  such 
town  superintendent. 

By  §  128,  (No.  153,)  trustees  are  directed  to  prosecute  their  pre- 
decessors for  the  recovery  of  the  forfeiture  of  $25,  incurred  by  a 
refusal  or  neglect  to  account,  or  to  pay  over  any  balance  due  from 
them,  on  the  expiration  of  their  term  of  office,  and  to  apply  the  mo- 
ney recovered  to  the  use  and  benefit  of  their  school;  and  by  §  129, 
(No,  154,)  in  connection  with  §  29,  (No.  54,)  they  are  authorized 
to  prosecute  for  any  unpaid  balance  in  the  hands  of  a  former  trustee, 
or  his  representatives,  and  directed  to  apply  the  amount  recovered  to 
/  the  use  of  the  district,  in  the  same  manner  as  if  they  had  been  paid 
without  suit. 


144  TRUSTEES  OF  SCHOOL  DISTRICTS. 

By  §  102,  (No.  127,)  they  are  also  authorised  to  prosecute  for  the 
recovery,  with  interest  and  costs,  of  all  forfeitures  incurred  by  a  col- 
lector, and  unpaid  balances  in  his  hands,  and  to  apply  the  moneys 
recovered  in  the  same  manner  as  if  paid  without  suit. 

By  §  61,  (No.  86,)  trustees  are  to   prosecute   for  the  recovery  of 
the  fine  of  ten  dollars,  with  costs  of  suit,  imposed  upon  any  inhabi 
tant  voting  at  any  school  district  meeting  without  being  qualified. 

2.  Suits  against  Trustees. 

It  is  conceived  that  an  essential  service  may  be  rendered  to  offi- 
cers connected  with  common  schools,  by  informing  them  of  some  ge- 
neral principles  to  show  the  extent  of  their  liability  to  suits  by  in- 
dividuals. 

Officers  required  by  law  to  exercise  their  judgments  are  not  an- 
swerable for  mistakes  of  law,  or  mere  errors  of  judgment,  without  any 

fraud  or  malice.     Jenkins  vs.  Waldron,  1 1th  Johnson's  Reports,  114. 

\ 

A  public  officer  who  is  required  by  law  to  act  in  certain  cases,  ac- 
cording to  his  judgment  or  opinion,  and  subject  to  penalties  for  his 
neglect,  is  not  liable  to  a  party  for  an  omission  arising  from  a  mis- 
take, or  want  of  skill,  if  acting  in  good  faith.  Seaman  vs.  Patten, 
2nd  Caine's  Reports,  312. 

But  an  officer  entrusted  by  the  common  law  or  by  statute  is  liable 
to  an  action  for  negligence  in  the  performance  of  his  trust,  or  for 
fraud  or  neglect  in  the  execution  of  his  office.  Jenner  vs.  Jolijfe,  9 
Johnson's  Report,  381. 

And  an  officer  who  commands  an  act  to  be  done  by  issuing  a  war- 
rant or  other  process,  if  he  act  without  jurisdiction  of  the  subject 
matter,  or  of  the  person,  is  liable  as  a  trespasser.  Horton  vs.  Auch- 
mordy,  7  Wendell,  200.  But  if  he  have  jurisdiction,  errors  in  judg- 
ment do  not  subject  him  to  action. 

Mere  irregularities  in  proceedings  will  not  render  an  officer,  hav- 
ing discretionary  powers  or  acting  as  a  judge,  liable  to  a  civil  suit. 
There  is  a  large  class  of  cases,  in  which  the  remedy  is  only  by  plea 
to  the  proceedings  or  by  writ  of  error.  See  Butler  vs.  Potter,  17 
Johns.  145,  and  Griffin  vs.  Mitchell,  2  Cowen's  Reports,  548. 


TRUSTEES  OF  SCHOOL  DISTRICTS.  145 

The  collector  or^  other  officer  who  executes  process,  has  peculiar 
protection.  He  is  protected,  although  the  court  or  officer  issuing 
such  process,  have  not  in  fact  jurisdiction  of  the  case;  if  on  the  face 
of  the  process  it  appears  that  such  court  or  officer  had  jurisdiction  of 
the  subject  matter,  and  nothing  appears  in  such  process  to  apprize 
the  officer  but  that  there  was  jurisdiction  of  the  person  of  the  party  af- 
fected by  the  process.  Savacool  vs.  Boughton,  5  Wendell's  Reports, 
170. 

A  contract  made  by  all  the  trustees,  and  signed  by  two,  is  binding; 
and  where  a  contract  is  signed,  or  a  warrant  issued  by  two  trustees, 
the  presence  of  the  third  will  be  presumed,  until  the  contrary  be 
shown.  Two  trustees  can  contract  against  the  will  of  the  third,  if 
lie  was  duly  notified  of  a  meeting  of  the  trustees,  or  was  consulted 
and  refused  to  act.  McCoy  vs.  Courtree,  9  Wendell,  17. 

Where  a  district  votes  a  tax  to  purchase  a  new  site  and  build  a 
school  house  thereon,  where  the  consent  of  the  town  superintendent 
had  not  been  obtained  for  a  change  of  the  site,  (the  district  -not  being 
an  altered  one)  the  trustees  are  liable  in  trespass  for  making  out  a 
tax  list  and  issuing  a  warrant  for  the  collection  of  such  tax,  on  the 
ground  that  the  district  had  no  authority  to  vote  such  tax.  Baker 
vs.  Freeman,  9  Wendell  36. 

Trustees  are  not  liable  as  trespassers  for  omitting  to  insert  the 
names  of  all  the  taxable  inhabitants  in  the  tax  list,  where  there  is 
no  evidence  of  bad  faith  on  their  part.  Easton  vs.  Calendar,  11 
Wendell,  90. 

f 

Subordinate  tribunals  are  not  liable  as  trespassers  for  acts  done 
growing  out  of  an  error  of  judgment.  Ib. 

Trustees  are  liable  in  trespass  for  making  out  their  tax  list  upon 
any  other  basis  than  the  last  assessment  roll  of  the  town,  after  it  has 
been  reviewed  and  finally  settled  by  the  assessors.  Alexander  vs. 
Hoyt,  7  Wendell,  89. 

Inhabitants  of  a  district  must  vote  a  precise  and  definite  sum,  as  a 
tax  for  building  a  school-house,  or  any  other  purpose,  and  trustees 
will  not  be  authorised  to  issue  their  warrant,  to  levy  a  tax  under  a 
general  vote.  Robinson  vs.  Dodge,  18  Johns.  351. 


146  TRUSTEES  OF  SCHOOL  DISTRICTS. 

Trustees  in  office  are  liable  on  trie  contracts  of  their  predecessors 
for  the  employment  of  teachers,  personally,  because  they  have  the 
means  of  indemnifying  themselves,  and  those  who  made  the  contract 
are  not  liable  after  the  expiration  of  their  term  of  office.  Silver  vs. 
Cummings,  7  Wendell,  181. 

The  court  intimate  a  distinction  between  those  cases  where  the 
trustees  are  not  to  act  unless  money  is  previously  raised,  and  those 
where  it  is  to  be  collected  subsequent  to  the  performance  of  the 
work.  In  the  first  class  of  cases  they  are  not  to  incur  responsibili- 
ties beyond  the  means  in  their  possession  ;  they  render  themselves 
personally  responsible,  and  their  successors  are  not  holden.  The  first 
class  of  cases  would  seem  to  include  those  only  which  are  specified 
in  sub.  5,  §  82,  (No.  107)  and  those  in  which  blank  books,  maps,, 
globes,  black  boards,  and  other  school  apparatus  may  be  procured  by 
means  of  a  previous  tax.  In  these  cases  successors  are  supposed  not 
to  be  liable,  unless  money  comes  into  their  hands  far  the  purpose. 

In  all  other  cases,  it  is  supposed  successors  are  liable  on  the  con- 
trasct  of  their  predecessors. 

It  is  quite  important  to  trustees  to  know  that  the  decisions  of  this- 
department  have  been,  uniformly,  that  their  costs  in  any  suit  cannot 
be  paid  by  a  vote  of  the  district  to  levy  a  tax  for  that  purpose  ;  as 
the  only  purposes  for  which  a  tax  can  be  voted  are  specified  in  the 
statutes,  and  this  is  not  among  them. 

By  section  108,  of  Title  4,  Ch.  8,  Part  3,  Rev.  Stat.  p.  476,  vol. 
2,  1st  edition,  [§  112,  p.  390,  2d  edition,  vol.  2,]  it  is  provided  that 
in  suits  against  trustees  of  school  districts  and  other  officers,  "  the 
debt,  damages  or  costs  recovered  against  them  shall  be  collected  in 
the  same  manner  as  against  individuals  and  the  amount  so  collected 
shall  be  allowed  to  them  in  their  official  accounts."  It  is  presumed 
that  this  provision  does  not  relate  to  actions  for  personal  delinquen- 
cies, but  to  those  only  which  arise  out  of  an  official  duty.  As  the 
recoveries  are  to  be  "  allowed  them  in  their  accounts,"  it  is  implied 
that  they  may  retain  the  amount  of  moneys  in  their  hands,  and  set 
off  the  sums  recovered.  But  this  cannot  apply  to  the  public  school 
moneys  paid  to  them  for  the  purpose  of  employing  teachers,  as  those 
moneys  are  specifically  appropriated  bylaw  to-  that  purpose, and  can- 
not be  diverted  to  any  other. 

The  provision  of  §  146,  of  the  act  1847,  (No.  174,)  abundantly 
protects  trustees,  and  all  other  officers  from  costs,  in  places  where 


TRUSTEES  OF  SCHOOL  DISTRICTS.  147 

they  act  in  good  faith  ;  especially  as  they  have  now  the  means  of 
correcting  any  error  in  any  tax  list  or  rate  bill,  by  application  to 
the  superintendent. 

Questions  respecting  the  liabilities  of  trustees  for  their  joint  acts, 
and  for  the  acts  of  each  other,  are  frequently  presented.  It  becomes 
proper  to  state  the  grounds  and  limits  of  their  responsibility  in  this 
respect,  that  they  may.be  better  enabled  to  guard  against  its  con- 
sequences. 

The  object  being  to  secure  fidelity  to  the  trust  and  to  prevent  ne- 
gligence and  fraud,  the  rules  which  govern  in  the  cases  of  executors, 
guardians  and  other  private  trustees,  must  be  applicable  to  officers 
holding  a  similar  fiduciary  relation  to  the  public,  and  therefore  the 
principles  which  have  been  settled  in  those  cases  by  the  courts,  will 
be  the  guide  in  determining  the  extent  of  their  liability. 

The  general  rule,  as  laid  down  by  an  eminent  jurist,  (Story  on 
Equity  Jurisprudence,)  and  sustained  by  the  adjudged  cases,  is,  that 
joint  trustees  are  responsible  only  for  their  own  acts,  and  not  for  the 
acts  of  each  other,  unless  they  have  made  some  agreement  by  which 
they  have  expressly  agreed  to  be  bound  for  each  other  ;  or  have,  by 
their  voluntary  co-operation  or  connivance,  enabled  the  other  to  ac- 
complish an  object  in  violation  of  the  trust.  This  rule  is  exempli- 
fied in  the  following  cases. 
; 

1.  Where  money  has  been  received  jointly,  all  are  in  general  lia- 
ble for  its  application,  and  a  joint  receipt   is  presumptive  evidence 
of  the  fact  that  it  came  to  the  hands  of  all ;  but  either  may  show  that 
his  joining  in  the  receipt  was  formal  or  necessary,  and  that  the  whole 
of  the  money  was   in   fact    received  by  his  companions.     And  if  it 
was  misapplied  before  there  was  a  reasonable  opportunity  to  control 
it,  he  would  not  be  responsible. 

2.  When  by  any  positive  act,  direction  or  agreement  of  one  joint 
trustee,  the  money  is  paid  over  and  comes  to  the  hands  of  the  others, 
when  it  might  and  should  have  been  otherwise  controlled  or  secured 
by  both,  then  each  will  be  chargeable  for  the  whole. 

There  is  great  difficulty  in  applying  this  rule  to  the  case  of  trus- 
tees of  common  schools.  The  money  for  distribution  cannot  be  in 
the  hands  of  more  than  one  ;  there  are  ordinarily  no  means  of  insur- 


148  TRUSTEES  OF  SCHOOL  DISTRICTS. 

ing  a  control  over  it  by  all,  by  depositing  it  in  a  bank  or  other  place 
of  security,  and  I  know  of  no  authority  by  which  any  two  trustees 
could  require  the  third  to  give  security  for  its  faithful  disbursement. 
One  has  as  much  right  to  its  custody  as  another.  The  simple  fact, 
therefore,  that  public  money  has  been  received  by  one  and  misap- 
plied, cannot  in  itself  render  the  others  liable. 

It  would  seem  that  there  should  be  some  act  of  omission  or  com- 
mission on  the  part  of  the  others  to  render  them  liable  for  the  mis- 
conduct of  their  associate  ;  and  here  the  following  rule  seems  better 
adapted  to  the  case. 

3.  If  one  trustee  wrongfully  suffer  the  other  to  detain  the  trust 
money  a  long  time  in  his  own  hands  without  security,  or  should  lend 
it  to  him  on  his  simple  note,  or  should  join  with  the  other  in  lend- 
ing it  on  insufficient  security,  in  all  such  cases  he  would  be  held  liable 
for  any  loss.  Of  course,  a  trustee  who  has  connived  at  or  been  privy 
to  an  embezzlement  of  the  trust  money  would  be  liable.  And  if  it  be 
mutually  agreed  between  them  that  one  shall  have  the  exclusive  ma- 
nagement of  one  part  of  the  trust  property,  and  the  other  of  another 
part,  both  would  be  liable  for  the  acts  of  each. 

Considering  the  equal  rights  and  powers  of  each  trustee,  that  the 
law  h?.s  made  no  provision  for  requiring  security  from  them,  and  the 
gross  injustice  of  making  an  officer  responsible  for  the  misconduct  of 
an  associate  over  whom  he  has  no  control,  they  ought  not  to  be  held 
liable  for  each  other's  acts,  unless  there  be  some  evidence  of  partici- 
pation or  connivance,  like  those  specified  in  the  third  class  of  cases 
above  mentioned. 

1.  Schools  for  Colored  Children. 

By  §  147,  (No.  184,)  a  school  for  colored  children  may  be  estab- 
lished in  any  district,  with  the  approbation  of  the  town  superinten- 
dent, which  is  to  be  under  the  charge  of  the  trustees  of  the  district  in 
which  such  school  is  established.  Trustees  in  their  annual  reports 
are  also  required  particularly  to  specify  the  number  of  such  children 
over  five  and  under  sixteen  years  of  age,  attending  such  school  from 
different  districts,  naming  such  districts  respectively,  and  the  number 
from  each  attending  for  four  months,  and  instructed  by  a  duly  quali- 
fied teacher,  which  report  is  to  form  the  basis  of  an  apportionment  to 
such  school  of  a  share  of  the  public  money. 


TRUSTEES  OF  SCHOOL  DISTRICTS.  149 

The  provisions  contained  in  this  section  are  more  particularly  ap- 
plicable to  those  cities  and  hrge  villages  where  no  special  legal  pro- 
visions have  been  made  for  the  instruction  of  colored  children.  The 
means  provided  are,  it  is  true,  altogether  insufficient  to  meet  the  ex- 
pense which  must  necessarily  be  incurred  in  the  organization  of  these 
schools;  and  inasmuch  as  the  class  of  community  for  whose  special 
benefit  they  are  intended  are  generally  unable  to  contribute  to  such 
expense  in  any  considerable  degree,  the  object  in  view  can  seldom 
be  fully  attained,  but  through  the  efforts  of  charitable  and  benevolent 
individuals  in  the  several  districts,  from  which  the  colored  schools  are 
composed.  These  efforts  have,  hitherto,  been  paralyzed  from  the  ab- 
sence of  any  legal  power  to  effect  the  necessary  organization;  and 
the  provision  now  made  was,  doubtless,  intended  to  supply  that  defect, 
and  to  furnish  a  nucleus  around  which  the  benevolent  exertions  of  the 
friends  of  education  and  humanity  might  be  concentrated.  If,  how- 
ever, in  any  of  the  country  districts  a  colored  school  can  be  organized 
and  efficiently  kept  up  for  the  requisite  length  of  time,  it  is  hoped  no 
efforts  will  be  spared  to  carry  into  effect  the  provisions  of  the  section. 
Colored  children  are  entitled  equally  with  all  others,  to  the  privileges 
and  advantages  of  the  district  school;  and  wherever  they  can  be 
grouped  together  in  a  separate  school,  under  the  charge  of  a  compe- 
tent teacher,  they  will  be  far  more  likely  to  derive  the  full  benefits 
of  such  instruction  as  may  be  best  adapted  to  their  circumstances  and 
condition,  while  at  the  same  time,  the  disadvantages  inseparable  from 
their  attendance  at  the  district  school,  will  be  avoided. 

2.  Bond  to  be  required  of  the  Collector. 

Trustees  are  authorised  by  §  103,  (No.  128,)  to  require  of  the  col- 
lector of  their  district,  before  delivering  to  him  any  warrant  for  the 
collection  of  moneys,  to  execute  a  bond  to  them,  in  their  corporate 
name,  with  one  or  more  sureties,  to  be  approved  by  one  or  more  of 
their  number,  in  double  the  amount  to  be  collected,  conditioned  for 
the  due  and  faithful  execution  of  the  duties  of  his  office;  and  in  case 
any  collector  shall  not  execute  such  bond  within  the  time  allowed 
him  by  the  trustees  for  that  purpose,  which  shall  not  be  less  than  ten 
days,  his  office  is  vacated,  and  the  trustees  are  authorised  to  appoint 
any  other  person  residing  in  the  district  as  collector  in  his  place. 

Form  of  a  Bond  to  be  given  by  a  District  Collector. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.,  (the 
collector  and  his  surety,)  are  held  and  firmly  bound  to  E.  F.  and  G. 


150  TRUSTEES  OF  SCHOOL  DISTRICTS. 

H.j  &c.,  trustees  of  school  district  number  in  the  town  of 
in  the  sura  of  (here  insert  a  sum  double  the  amount  to  be  collected) 
to  be  paid  to  the  said  E.  F.  and  G.  H.,  &c.,  trustees  as  aforesaid,  or 
to  the  survivor  or  survivors  of  them,  or  their  successors:  to  the  which 
payment  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors  and  administrators,  firmly  by  these  presents.  Sealed  with 
our  seals,  and  dated  this  day  of  18  &c. 

Whereas  the  above  bounden  A.  B.  has  been  chosen  (or  appointed, 
as  the  case  may  be,)  collector  of  the  above  mentioned  school  district 
number  in  the  town  of  ,  in  conformity  to  the  Statutes 

relating  to  common  schools;  now,  therefore,  the  condition  of  this 
obligation  is  such  that  if  he,  the  said  A.  B.,  shall  well  and  truly  col- 
lect and  pay  over  the  moneys  assessed  upon  the  taxable  inhabitants 
of  said  district,  in  a  rate  bill  or  tax  list,  (as  the  case  may  be,)  dated 
the  day  of  and  this  day  received  by  the  said  collector, 

which  assessment  amounts  to  a  total  sum  of  dollars  and 

cents,  and  shall,  in  all  respects,  duly  and  faithfully  execute  the  said 
warrant,  and  all  the  duties  of  his  office  as  collector  of  such  district, 
then  this  obligation  shall  be  void,  otherwise  to  be  in  full  force  and 
virtue. 

A.  B.     [L.  s.] 
C.  D.     [L.  s.| 

Signed,  sealed  and  delivered  ? 
in  the  presence  of  J 

3.  Applications  to  the  Superintendent  for  School  or  Library  Money, 
withheld  by  Town  Superintendents. 

There  are  two  classes  of  cases  in  which  relief  may  be  sought  for 
the  refusal  of  town  superintendents  to  apportion  or  pay  over  public 
money  to  a  district. 

1st.  Where  it  is  supposed  the  decision  of  the  town  superintendent 
is  erroneous  upon  some  question  of  fact,  or  some  principle  of  law. 
In  such  cases  the  remedy  is  by  appeal  to  the  county  superintendent, 
in  the  manner  prescribed  by  the  regulations  concerning  appeals.  The 
interest  of  the  district,  as  well  as  of  other  districts,  requires  that  the 
proceedings  should  be  prompt,  as  an  appeal  stays  further  action  by 
the  town  superintendent. 

2d.  Where  there  has  been  any  accidental  omission  to  comply  with 
any  provision  of  law,  or  any  regulation  of  the  Superintendent,  in 
consequence  of  which  an  apportionment  of  public  money  has  not  been 
made.  In  such  cases  a  general  authority  is  given  by  §  14,  (No.  39,) 
to  cause  the  apportionment  to  be  made,  and  a  similar  authority  is 


TRUSTEES  OF  SCHOOL  DISTRICTS.  151 

given  in  relation  to  library  money,  by  the  last  clause  of  §  142,  (No. 

167.) 

These  provisions  are  intended  only  for  the  cases  of  accidental  and 
unintentional  omissions,  and  the  authority  given  by  them  will  not  be 
•exercised,  where  there  is  a  wilful  disobedience  of  law,  or  a  perverse 
and  intended  violation  of  any  regulation. 

i 

Application  fqr  relief  in  this  class  of  cases,  must  be  made  as  soon 
as  the  omission  is  discovered,  in  order  to  prevent  the  inconvenience 
of  correcting  the  apportionment  after  it  has  been  acted  upon;  and 
any  unnecessary  delay  will,  in  itself,  form  a  strong  ground  of  declin- 
ing to  grant  the  relief  desired. 

The  facts  and  circumstances  OR  which  the  application  is  founded, 
must  be  verified  by  affidavit,  and  a  copy  should  be  served  on  the  town 
superintendent,  and  his  concurrence  in  the  statement  of  the  facts 
should,  if  possible,  be  obtained. 

Whenever  the  money  to  which  such  an  application  refers,  remains 
in  the  hands  of  the  town  superintendent  at  the  time  he  receives  no- 
tice of  the  application  he  should  retain  it,  subject  to  the  order 
of  the  superintendent.  The  inconvenience  of  a  second  distribution  in 
the  event  of  an  application  being  denied,  is  not  sufficient  to  counter- 
balance that  of  a  district  being  deprived  for  a  year  of  its  portion  of 
public  money. 

But  town  superintendents  should  recollect  tliat  neither  the  provi- 
sions referred  to,  nor  any  others,  authorize  them  to  exercise  any  dis- 
cretion whatever  in  such  cases.  Their  duty  is  simply  to  execute  the 
law.  If  the  necessary  reports  are  not  made  at  the  proper  time,  or 
do  not  contain  all  that  is  required  by  law  or  by  regulations,  they 
cannot  make  any  apportionments  or  pay  any  money  upon  them.  Their 
duty  is  to  refer  the  case  to  the  Superintendent,  and  suspend  any  ac- 
tion on  their  part  in  relation  to  the  share  of  money  affected  by  the 
emission,  until  his  directions  are  receiv«4. 


152  TEACHERS. 


INSTRUCTIONS  TO  TEACHERS. 

By  §  104,  (No.  129)  the' trustees  of  each  district  are  to  provide  a 
book,  in  which  the  teachers  are  to  enter  the  names  of  the  scholars 
attending  school,  and  the  number  of  days  they  shall  have  respectively 
attended,  and  also  the  number  of  times  the  school  shall  have  been 
inspected  by  the  town  superintendent.  This  list  is  to  be  verified  by 
the  oath  of  the  teacher. 

The  strict  and  faithful  performance  of  this  duty  is  highly  impor- 
tant, not  only  to  the  district  but  to  the  teacher.  It  is  the  basis  upon 
which  the  rate  bills  are  to  be  made  out,  and  by  which  the  sums  to  be 
paid  by  parents  are  to  be  ascertained.  Error  in  these  lists  will 
therefore  produce  injustice.  It  has  been  held  by  this  department,  that 
the  teacher  is  not  entitled  to  call  on  the  trustees  for  his  wages,  un- 
less he  furnishes  them  an  accurate  list  of  scholars,  on  which  they  can- 
prepare  the  rate  bills,  and  issue  their  warrant.  Hence  the  teacher 
has  a  direct  personal  interest  in  the  preservation  of  an  accurate  list, 
which  he  can  verify  by  his  oath. 

For  the  purpose  of  executing  this  provision,  the  teacher  will  write 
the  following  heading  or  caption,  in  his  book,  at  the  commencement 
of  each  quarter: 

A  list  of  the  scholars  who  attended  the  district  school  of  district 
No.  in  the  town  of  during  the  quarter  or  term 

commencing  the  day  of  184     y  and  the  number  of 

days  they  respectively  attended  the  same. 


Time  of  entrance. 

Name  of  scholar. 

No.  of  days'  attendance. 

No.  1,  1841,  

John  Thompson,.. 

Seventy-eight,         78  days. 

Dec.  1,     "       .... 
Dec.  4,     "       

Peter  Barker,  .... 

James  Thomas,  .  „  . 

Forty-three,            43    " 
Forty,                      40    " 

At  the  time  any  pupil  enters  the  schools,  the  teacher  should  im- 
mediately insert  the  date  and  the  name  of  the  scholar.  At  the  close 
of  the  quarter  the  whole  number  of  days  that  each  pupil  attended,  is 
to  be  ascertained  from  the  check  roll,  and  entered  in  the  third  column,, 
in  words  at  length,  and  also  in  figures,  as  in  the  above  form. 


TEACHERS. 


153 


Each  teacher  at  the  commencement  of  every  quarter  must  provide 
a  day  or  check  roll,  in  which  the  name  of  every  scholar  is  to  be  en- 
tered. It  should  be  ruled  so  as  to  give  six  columns,  corresponding 
to  the  number  of  days  in  the  week.  The  number  attending  should 
be  ascertained  each  half  day,  and  pencil  marks  made  in  the  column 
for  the  day  opposite  to  the  name  of  each  one  present.  At  the  end  of 
the  week,  the  number  of  days  each  pupil  has  attended  during  the 
week,  should  be  summed  up  and  entered  on  the  weekly  roll.  Each 
half  days'  attendance  should  be  noted,  and  two  half  days  should  be 
reckoned  as  one  day.  The  pencil  marks  on  the  day  roll  may  be  ob- 
literated, so  that  the  same  roll  may  be  used  during  the  quarter.  The 
weekly  roll  should  be  formed  in  the  same  manner,  so  as  to  contain 
the  names  of  the  pupils,  and  thirteen  columns  ruled,  corresponding  to 
the  number  of  weeks  in  the  quarter.  In  each  of  these  columns  is  to 
be  entered  the  result  of  the  daily  check  roll  for  each  week  in  the  fol- 
lowing form: 

Weekly  Roll. 
Attendance  of  pupils  in  district  school  of  district  No. 


Names  of  pupils. 

1st  week 

2d  week. 

3d  week. 

4th  week. 

5th  week. 

John   Thompson, 

6  days. 

4  days. 

5  days. 

6  days. 

5^  days. 

At  the  end  of  the  quarter,  the  teacher  will  sum  up  the  attendances 
of  each  pupil  from  this  weekly  roll,  and  enter  the  result  in  the  book 
provided  by  the  trustees  as  before  mentioned,  showing  the  whole  num- 
ber of  days  each  scholar  has  attended  during  the  quarter. 

•   •*••„:">?  .    • 

At  the  end  of  the  list  the  following  oath  or  affirmation  is  to  be 
written. 

A.  B.  being  duly  sworn,  (or  affirmed)  deposes  that  the  foregoing 
is  a  true  and  accurate  list  of  the  names  of  the  scholars  who  attended 
the  district  school  of  district  No.  in  the  town  of 

during  the  quarter  commencing  the  day  of 

184     ,  and  the  number  of  days  they  respectively  attended. 

This  oath  or  affirmation  is  to  be  signed  by  the  teacher,  and  certi- 
fied by  a  justice  of  the  peace,  commissioner  of  deeds,  judge  of  any 
court  of  record,  or  county  clerk,  to  have  been  taken  before  him. 


154  TEACHERS. 

The  teachers  are  also  required  to  make  an  abstract  of  the  lists  for 
the  use  of  the  trustees,  at  the  end  of  each  quarter;  showing  the  re- 
sults exhibited  under  the  following  heads,  and  in  the  following  formt 

Abstract  of  the  attendances  of  scholars  at  the  district  school  of 
district  No.  in  the  town  of  during  the  quarter 

commencing  the  day  of  184     . 

Of  scholars  who  attended  less  than  two  months,  there  were 
Oi  scholars  who  attended  two  months  and  less  than  four, 
"  four  months  and  less  than  six, 

a  six  months  and  less  than  eight, 

<£  u  eight  months  and  less  than  ten, 

"  u  ten  months  and  less  than  twelve, 

"  "  twelve  months. 

This  abstract  is  to  be  signed  by  the  teacher  and  delivered  to  the 
trustees. 

In  another  part  of  the  book  provided  by  the  trustees,  and  towards 
the  end  of  it,  the  teacher  will  enter  the  days  on  which  the  school  has 
been  inspected,  in  the  form  of  a  memorandum,  as  follows ; 

Account  of  Inspections  of  the  School  in  District  JVo. 

November  15  1841.  The  school  was  inspected  by  William 
Jones  town  superintendent. 

December  1,  1841.     The  school  was  inspected. 

To  this  also,  an  oath  or  affirmation  of  the  correctness  must  be 
added  in  the  following  form: 

A.  B.  being  duly  sworn  (or  affirmed,)  deposes  that  the  foregoing 
is  a  true  account  of  the  days  on  which  the  school  in  District  No» 
j  in  the  town    of  ,  was   visited   and  inspected   by   the 

town    superintendents     respectively,    during    the     quarter    com- 
mencing on  the  day  of  184    7 

Teacher. 

Sworn  (or  affirmed)  and  subscribed  this  ? 
day  of  184     before  me.     J 


DISTRICT  CLERKS.  ,t,        155 


DISTRICT  CLERK. 

The  general  duties  of  this  officer  are  particularly  specified  in  § 
81,  (No.  106.)  He  is  to  keep  in  a  book,  to  be  provided  by  the  dis- 
trict, a  record  of  the  proceedings  of  each  annual  and  special  meet- 
ing held  in  his  district;  to  give  notice  of  the  time,  place  and  ob- 
ject of  such  meetings  in  the  manner  prescribed  by  law;  and  to  pre- 
serve all  records,  books  and  papers  relating  to  the  district,  and  de- 
liver the  same,  on  the  expiration  of  his  official  term,  to  his 
successor. 

By  §  66,  (No.  91)  he  is  to  notify  a  special  meeting  for  the  elec- 
tion of  officers,  whenever  the  time  for  holding  the  annual  meeting 
has  passed,  without  such  election  being  held;  and  generally  it  is 
his  duty  to  give  the  necessary  legal  notices  of  a  district  meeting, 
whenever  required  to  do  so  by  a  majority  of  the  trustees.  The  pur- 
pose and  object  of  such  meetings  should  in  all  cases  be  set  forth  in 
general  terms;  and  this  is  specially  required  by  law  when  a  meet- 
ing is  called  for  the  purpose  of  changing  the  site  and  removing  the 
school  house  in  an  unaltered  district.  [See  Nos.  89,  98.]  And  also 
when  a  tax  is  to  be  levied  for  the  purchase  of  books  for  a  district  li- 
brary. [See  No.  158.] 

By  §  69,  (No.  94)  it  is  declared  that  "  the  proceedings  of  no 
district  meeting,  annual  or  special,  shall  be  held  illegal  for  want  of 
a  due  notice  to  all  the  persons  qualified  to  vote  thereat,  unless  it 
shall  appear  that  the  omission  to  give  such  notice  was  wilful  and 
fraudulent."  But  this  provision  will  not  exonerate  a  clerk  from  li- 
ability for  gross  neglect;  nor  will  it  sanction  an  intentional  omission 
to  give  notice. 

Notices  of  annual  and  special  meetings  must  be  given  at  least  five 
days  before  the  day  on  which  such  meetings  are  directed  to  be  held; 
that  is,  the  notices  for  the  meeting  to  be  held  on  Saturday  for  in- 
stance, must  be  given  on  or  before  the  preceding  Monday. 

In  the  case  of  annual  meetings,  or  special  meetings,  which  have 
been  adjourned  for  a  longer  time  than  one  month,  a  notice  in  writ- 
ing, affixed  in  at  least  four  different  places  in  the  district,  is  suffi- 
cient; but  notices  of  special  meetings  must  be  personally  served  on 
each  inhabitant  of  the  district  liable  to  pay  taxes,  (which  includes, 
of  course,  every  legal  voter  in  the  district)  "  by  reading  the  notice 


I 
156  DISTRICT  CLERKS. 

in  the  hearing  of  such  inhabitant,  or  in  case  of  his  absence  from 
home,  by  leaving  a  copy  thereof,  or  of  so  much  thereof  as  relates  to 
the  time  and  place  of  such  meeting,  at  the  place  of  his  abode." 
§  55,  (No.  80.) 

Form  of  notice  for  Annual  Meeting. 

Notice  is  hereby  given,  that  the  annual  meeting  for  the  election 
of  officers  in  district  No.  in  the  town  of  ,  and  for  the 

transaction  of  such  other  business  as  the  meeting  may  deem  neces- 
sary, will  be  held  at  the  school  house  in  said  district  on  Monday, 
the  day  of  at  6  o'clock,  P.  M. 

Dated  this         day  of 

A.  B.  District  Clerk. 

Form  of  Notice  for  an  adjourned  District  Meeting,  to  be  posted  up 
in  four  public  places  in  the  District. 

SCHOOL  DISTRICT  NOTICE. 

Notice  is  hereby  given,  that  a  meeting  of  the  freeholders  and  in- 
habitants of  school  district,  No.  in  the  town  of  author- 
ized by  law  to  vote  therein,  will  be  held  at  on  the  day 
of  next,  (or  instant,  as  the  case  may  be,)  at  o'clock  in 
the  noon,  pursuant  to  adjournment. 

Dated  this         day  of  A.  D.  18 

A.  B.  District  Clerk. 

Form  of  Notice  for  a  Special  District  Meeting. 

To  the  Clerk  of  district  number 

The  Trustees  of  district  number  at  a  meeting  held  for  the  pur- 
pose, have  resolved  that  a  special  meeting  be  called  at  the  school 
house,  on  the  day  of  18  at  o'clock  in  the 

noon  of  that  day,  for  the  purpose  of  [choosing  a  collector  in  the 
place  of  A.  B.  removed  or  whatever  the  object  of  the  meeting  may 
be,]  and  for  the  transaction  of  such  other  business  as  the  meeting 
may  deem  necessary. 

You  will  therefore  notify  each  inhabitant  of  the  district  entitled 
to  vote  therein,  by  reading  this  notice  in  his  hearing,  or  if  he  is  ab- 
sent from  home,  by  leaving  a  copy  of  it,  or  so  much  as  relates  to 
the  time  and  place  of  meeting,  at  the  place  of  his  abode,  at  least 
five  days  before  such  meeting. 

Dated  at  this         day  of  18 

A.  B.  ) 

Trustees. 


DISTRICT  CLERKS.  157 

The  district  clerk  of  each  school  district  in  the  State,  is  hereby 
required  within  ten  days  after  each  annual  or  special  meeting  for 
the  election  of  officers  in  his  district,  to  forward  to  the  town 
clerk  the  names  of  the  several  officers  elected  at  such  meeting,  and 
the  offices  to  which  they  were  respectively  elected. 

In  pursuance  of  section  thirty- second,  of  the  act  of  1841,  (No.  ) 
the  District  School  Journal  will  hereafter  be  forwarded  by  mail,  for 
the  clerk  of  each  district  by  the  number  of  said  district,  whose  duty 
it  is,  by  that  section,  to  cause  each  volume  to  be  bound  at  the  ex- 
pense of  the  district,  and  to  deposite  the  same  in  the  District  Libra- 
ry. He  or  one  of  the  trustees  is  therefore  bound  to  take  the  paper 
from  the  post-office,  punctually,  paying  the  postage  quarterly  in  ad- 
vance; and  the  amount  so  paid,  being  an  expenditure  authorised  by 
law,  may  be  added  by  the  trustees  to  any  tax  list  thereafter  made  out 
for  district  purposes,  and  refunded  to  the  clerk  or  trustee  paying  it. 
Great  care  should  be  taken  to  secure  the  regular  receipt,  and  careful 
preservation  of  the  numbers,  which  will  be  sent  on  the  1st  of  each 
month;  and  with  this  view,  the  clerk  should  stitch  them  together  in 
covers,  as  soon  as  they  arrive;  and  in  no  case  permit  them  to  be  ta- 
ken out  of  his  custody,  although  any  inhabitant  of  the  district  should 
be  allowed  free  access  to  them,  for  the  purpose  of  perusal,  at  all  pro- 
per hours.  The  same  precaution  should  be  observed,  and  the  same 
freedom  of  access  and  perusal  allowed,  in  ^respect  to  the  present  vo- 
lume of  Laws  and  Instructions,  the  volume  of  Common  School  Deci- 
sions and  Laws  heretofore  published,  and  all  other  books,  papers  and 
documents  belonging  to  the  district,  and  placed  under  his  official 
control. 

They  will  observe  that  heavy  penalties  and  forfeitures  are  incurred 
by  them,  under  section  145  of  the  act  of  1847,  (No.  173,)  for  neglect 
of  any  duty  devolved  upon  them  by  law;  and  that  they  are  made  in- 
dividually responsible  for  any  loss  that  may  accrue  to  their  district, 
in  consequence  of  such  neglect  or  omission. 

For  an  exposition  of  the  duties  devolving  on  them  in  relation  to 
the  district  library,  their  attention  is  directed  to  the  subsequent  in- 
structions under  that  head;  and  for  the  manner  in  which  records  of 
the  proceedings  of  the  several  school  meetings  should  be  kept,  to  the 
subsequent  instructions  under  the  head  of  Annual  and  Special  Meet- 
ings. 


158         COLLECTORS  OF  SCHOOL  DISTRICTS. 


COLLECTORS  OF  SCHOOL  DISTRICTS. 

It  is  the  duty  of  the  collector  of  each  district  "  to  collect  and  pay 
over  to  the  trustees  of  his  district,  some  or  one  of  them,  all  moneys 
which  he  shall  be  required  by  law  to  collect,  within  the  time  limited 
by  such  warrant  for  its  return,  and  to  take  the  receipt  of  such  trus- 
tee or  trustees,  for  such  payment."  §  100,  (No.  125.) 

"When  required  by  the  trustees,  such  collector  is  to  execute  a  bond, 
with  one  or  more  sureties,  to  be  approved  by  one  or  more  of  the 
trustees,  in  double  the  amount  for  any  tax  list,  (or  rate  bill,)  to  be 
collected,  and  conditioned  for  the  due  and  faithful  performance  of  his 
duty.  §  103,  (No.  128.) 

In  case  such  bond  is  not  executed  within  the  time  allowed  by  the 
trustees  for  that  purpose,  which  shall  not  be  less  than  ten  days,  the 
office  of  the  collector  is  vacated,  and  the  trustees  may  appoint  any 
other  person  to  supply  the  vacancy. 

The  form  of  the  bond  thus  required  to  be  executed,  will  be  found 
at  page  149. 

1.  Jurisdiction  of  the  Collector. 

By  §  103,  (No.  128,)  the  jurisdiction  of  the  collector,  in  the  exe- 
cution of  his  warrant,  is  unlimited;  and  extends  to  any  other  district 
or  town,  "  in  the  same  manner  and  with  the  like  authority,  as  in  the 
district  for  which  he  was  chosen  or  appointed." 

2.  Mode  of  proceeding  in  the  collection  of  taxes  and  rate  bills. 

This  is  specifically  pointed  out  by  the  extracts  from  the  13th  chap- 
ter of  the  1st  volume  of  the  Revised  Statutes,  page  82. 

3.   What  property  liable  to  be  taken  on  Collector's  Warrants. 

In  the  case  of  Keeler  and  others  vs.  Chichester,  13  Wendell,  629, 
the  supreme  court  held  "  that  any  property  found  in  the  possession 
of  the  person  liable  to  pay  the  tax,  might  be  taken  and  applied  to 
the  payment  of  such  tax,  and  that  the  collectors  of  school  districts 
had  the  same  powers  as  collectors  of  towns  in  collecting  town  and 
county  taxes.  This  decision  has  reference  to  the  ownership  of  the 
property,  and  shows  that  possession  renders  it  liable  to  distress,  whe- 


COLLECTORS  OF  SCHOOL  DISTRICTS.         159 

ther  owned  by  the  party  or  not.  It  does  not  refer  to  the  kind  of 
property  liable.  The  property  which  may  be  levied  upon  is  speci- 
fically defined  by  section  2,  of  chapter  13,  1  Revised  Statutes.  No 
property  is  exempt  from  the  operation  of  such  warrants,  except  the 
arms  and  accoutrements  particularly  mentioned  in  the  kact  of  Con- 
gress referred  to,  and  quoted  in  the  note  at  the  bottom  of  page  82. 

The  designation  of  the  owner  of  a  farm  in  a  tax  list  and  warrant, 
as  "  the  widow  and  heirs  of  A.  B.  deceased,"  is  a  sufficient  compli- 
ance with  the  statute,  to  justify  the  collector  in  executing  the  war- 
rant. Wheeler  vs.  Anthony,  10  Wendell,  346. 

By  §101,  (No.  126,)  the  collector  forfeits  to  his  district,  the  full 
amount  of  any  money  which  may  be  lost  by  his  neglect,  and  which 
might  have  been  collected  by  him  within  the  time  limited  in  his 
warrant. 


DISTRICT  LIBRARIES. 

By  §  133,  (No.  158,)  the  inhabitants  of  the  several  school  districts 
are  authorized,  when  lawfully  assembled  at  any  district  meeting 
specially  notified  for  that  purpose,  to  impose  a  tax  not  exceeding  ten 
dollars  in  any  one  year,  "  for  the  purchase  of  a  district  library  con- 
sisting of  such  books  as  they  shall  in  their  district  meeting  direct, 
and  such  further  sum  as  they  may  deem  necessary  for  the  purchase 
of  a  book  case."  By  the  134th  section  of  that  act,  (No.  159,)  the  dis- 
trict clerk,  or  such  other  person  as  the  inhabitants  should  designate 
and  appoint  by  a  majority  of  votes,  is  declared  to  be  librarian,  and 
to  be  vested  with  the  care  and  custody  of  the  library,  under  such  re- 
gulations as  the  inhabitants  should  adopt. 

These  provisions  afford  the  only  authority  for  raising  by  tax  upon 
the  district,  any  money  for  the  purchase  of  books,  or  a  book  case. 
The  books  thus  to  be  purchased  must  be  directed  by  the  inhabitants 
in  district  meeting  ;  and  this  direction  may  be  either  general,  as  to 
purchase  any  given  series  or  numbess  of  the  Harper  Library,  the 
Family 'Library,  &c.  or  special,  designating  the  particular  books,  or 
the  trustees  may  be  authorized  to  procure  such  books  as  they  think 
proper. 


160  DISTRICT  LIBRARIES. 

By  §  136,  (No.  161,)  the  sum  of  fifty-five  thousand  dollars,  toge- 
ther with  an  equal  sum  to  be  raised  in  the  towns,  and  directed  to  be 
distributed  to  the  several  school  districts  of  this  state,  by  the  fourth 
section  of  chapter  two  hundred  and  thirty-seven,  of  the  laws  of  eigh- 
teen hundred  and  thirty-eight,  shall  continue  to  be  applied  to  the 
purchase  of  books  for  a  district  library,  until  otherwise  directed ;  but 
whenever  the  number  of  volumes  in  the  district  library  of  any  dis- 
drict,  numbering  over  fifty  children  between  the  ages  of  five  and  six- 
teen years,  shall  exceed  one  hundred  and  twenty-five  ;  or  of  any  dis- 
trict numbering  fifty  children  or  less,  between  the  said  ages,  shall  ex- 
ceed one  hundred  volumes,  the  inhabitants  of  the  district  qualified  to 
vote  therein,  may,  at  a  special  or  annual  meeting  duly  notified  for' 
that  purpose,  by  a  majority  of  votes,  appropriate  the  whole,  or  any 
part  of  the  library  money  belonging  to  the  district  for  the  current 
year,  to  the  purchase  of  maps,  globes,  black-boards,  or  other  scien- 
tific apparatus,  for  the  use  of  the  school  :  And  in  every  district 
having  the  required  number  of  volumes  in  the  district  library,  and 
the  maps,  globes,  black-boards,  and  other  apparatus  aforesaid,  the 
said  moneys,  with  the  approbation  of  the  state  superintendent,  may 
be  applied  to  the  payment  of  teachers'  wages. 

Trustees,  are  by  this  provision,  authorized  to  make  the  selection 
of  the  books  for  the  library,  as  the  application  of  the  money  is  to  be 
made  by  them.  To  promote  uniformity  in  the  loan  and  return  of 
books,  it  is  recommended  that  but  one  librarian  be  appointed  ;  and 
that  the  inhabitants  adopt  the  rules  and  regulations  hereinafter  pre- 
scribed by  the  superintendent,  for  the  government  of  the  libraries 
procured  under  both  acts. 

Inhabitants  of  districts  have  no  authority  to  sell,  exchange,  or  in 
any  manner  dispose  of  the  books  constituting  the  district  library  ; 
whether  such  books  are  purchased  from  the  library  fund,  or  from  the 
funds  raised  by  the  district. 

By  §  139,  (No.  164,)  the  Superintendent  of  Common  Schools,  is 
directed  to  prepare  general  regulations  for  the  preservation  of  the  li- 
braries, the  delivering  of  them  by  librarians  and  trustees  to  their  suc- 
cessors in  office,  and  respecting  the  use  of  the  books,  &c.  In  pur- 
suance of  these  provisions,  the  subjoined  regulations  have  been  pre- 
pared. No.  I.  relates  to  the  preservation  of  the  libraries,  the  delive- 
ry of  the  books  by  the  officers  'charged  with  their  keeping,  to  their 
successors,  and  their  duties  in  respect  to  them.  No.  II.  relates  to 
the  use  of  the  books  by  the  inhabitants,  the  number  to  be  taken  out, 
the  fines  to  be  imposed,  &c. 


DISTRICT  LIBRARY  REGULATIONS.  161 

" 

As  these  regulations  may   appear  minute  to  some,  it  is  proper  to 

remark,  that  they  were  intended  for  the  organization  of  a  new  and 
entire  system,  upon  a  subject  not  well  understood,  and  in  which  di- 
rections cannot  be  too  full  or  too  plain.  Thousands  upon  thousands 
of  our  citizens  are  and  will  be  charged  with  the  duties  to  which 
these  regulations  refer,  and  it  is  by  no  means  a  depreciation  of  their 
intelligence  to  remark,  that  very  many  of  them  have  probably  never 
had  any  connexion  with  circulating  libraries,  and  are  not  aware  of 
the  absolute  necessity  of  strict  rules,  and  a  firm  adherence  to  them, 
to  prevent  the  total  destruction  of  their  books  in  a  few  years.  Com- 
plaints had  already  been  made  that  in  several  districts,  which  had 
procured  libraries,  many  of  the  books  were  injured,  and  others  lost, 
for  the  want  of  some  system  in  their  management.  It  cannot  be  too 
strongly  impressed  upon  trustees  and  librarians,  that  the  best  system 
which  human  ingenuity  can  devise,  will  be  of  no  avail  unless  it  is 
fully  and  thoroughly  executed.  These  invaluable  store  houses  of 
knowledge, — the  solace  of  age,  the  guide  of  youth,  the  stay  of  man- 
hood, the  source  jof  so  much  happiness  to  parents  and  their  children, — 
will  depend  for  their  existence  upon  the  vigilance  of  those  who  have 
accepted  the  sacred  trust  of  watching  and  preserving  them.  Heavy, 
indeed,  will  be  the  responsibility  for  a  neglect  of  those  duties  upon 
which  so  much  depends. 


DISTRICT  LIBRARY  REGULATIONS,  No.  I. 

Regulations  respecting  District  Libraries,  their  preservation,  and  the 
delivery  of  them  to  Librarians  and  Trustees  to  their  successors  in 
office  ;  pursuant  to  §  139  of  the  act  intended  for  the  government 
of  the  officers  having  charge  of  such  Libraries. 

I.  In  respect  to  the  selection  of  books  for  district  libraries.  The 
Snperintendent  has  no  authority  to  make  such  selections,  unless  re- 
quested by  the  trustees  of  a  district  pursuant  to  a  vote  of  its  inhabi- 
tants. He  is  prepared  to  act  on  the  subject  as  prescribed  by  the  sta- 
tute, whenever  requested  ;  but  he  desires  it  to  be  distinctly  under- 
stood that  he  does  not  proffer  his  services  ;  much  preferring  that  the 
inhabitants  of  a  district  should  consult  their  own  tastes  and  judgment. 
At  the  same  time,  he  is  bound  to  see  the  law  faithfully  executed  ; 

11 


162  DISTRICT  LIBRARY  REGULATIONS. 

and  as  jurisdiction  upon  appeal  from  the  proceedings  of  district  meet- 
ings and  trustees,  as  well  in  relation  to  the  selection  of  a  library  as 
to  all  other  matters  connected  with  it,  is  given  to  him  by  law,  it  is- 
proper  that  the  principles  which  will  govern  decisions  on  such  ap- 
peals should  be  known. 

The  object  of  the  law  for  procuring  district  libraries  is,  to  dif- 
fuse information,  not  only,  or  even  chiefly,  among  children  or  mi- 
nors, but  among  adults  and  those  who  have  finished  their  common 
school  education.  The  books,  therefore,  should  be  such  as  will  be 
useful  for  circulation  among  the  inhabitants  generally.  They  should 
not  be  children's  books,  or  of  a  juvenile  character,  or  light  and  friv- 
olous tales  and  romances  ;  but  works  conveying  solid  information 
which  will  excite  a  thirst  for  knowledge,  and  also  gratify  it,  as  far 
as  such  a  library  can.  Works  imbued  with  party  politics  and  those 
of  a  sectarian  character,  or  of  hostility  to  the  Christian  religion, 
should  on  no  account  be  admitted  ;  and  if  any  are  accidentally  re- 
ceived, they  should  be  immediately  removed.  Still  less  can  any 
district  be  permitted  to  purchase  school  books,  such  as  spelling 
books,  grammars  or  any  others  of  the  description  used  as  text  books 
in  schools.  Such  an  application  of  the  public  money  would  be  an 
utter  violation  of  the  law.  If  any  case  of  improper  selection  of 
books  should  come  before  the  Superintendent,  by  appeal  from  any 
inhabitant,  such  selection  would  be  set  aside  ;  and  if  it  appeared 
from  the  reports,  which  according  to  these  regulations  must  be  made, 
that  such  books  had  been  purchased,  the  town  superintendents  will  be 
bound  to  withhold  the  next  year's  library  money  from  such  district. 
These  penalties  and  provisions  will  be  rigidly  enforced  ;  for  upon  a 
faithful  administration  of  the  law,  the  usefulness  and  the  continu- 
ance of  the  system  will  depend.  If  the  public  munificence  be  abu- 
sed, it  will  unquestionably  cease. 

The  superintendent  feels  it  to  be  his  duty,  although  an  unpleasant 
one,  to  caution  districts  against  collections  of  frivolous  works^  some 
of  which  are  already  advertised  as  district  libraries.  The  advice  of 
persons  familiar  with  the  best  works  in  our  language  should  be  ta- 
ken in  making  purchases  ;  and  it  is  recommended  that  utility  be 
consulted  in  the  choice  of  books  rather  than  novelty.  Works  al- 
ready known,  and  whose  worth  has  been  approved  by  the  judgment 
of  the  public,  should  be  preferred  to  new  productions,  which  have 
not  attained  a  character.  Economy,  also,  should  be  maintained  in 
buying  libraries,  that  the  utmost  benefit  may  be  derived  from  the 


DISTRICT  LIBRARY  REGULATIONS.  163 

library  fund.  Those  publishers  who  print  large  editions  and  make 
calculations  for  forming  complete  libraries,  can,  and  do  afford  their 
books  much  cheaper  than  others.  With  such  opportunities  for  pro- 
curing the  very  best  books  at  a  cheap  rate,  it  would  be  lamentable 
if  more  money  should  be  paid  for  them  than  they  can  be  prjocured 
for  with  a  little  effort,  and  it  would  be  humiliating  and  discouraging, 
if  books  of  worthless  or  improper  character  should  be  offered  to 
those  who  hunger  for  knowledge. 

II.  The  library  is  in  charge  of  the  librarian  chosen  at  the  annual 
meeting  of  the  district  ;  for  he  cannot  be  chosen  at  a  special  meet- 
ing.    If  none  is  elected,  the  clerk  of  the  district  becomes  librarian. 
Where  by  the  laws  regulating  schools  in  cities  or  particular  places, 
no  trustees  are  chosen  by  the  inhabitants,  the  district  clerk,  if  there 
be  one,  is  librarian.     If  there  be  no  district  clerk,  the  trustees  of  the 
district  may  appoint  the  librarian. 

Trustees  of  school  districts,  are  by  virtue  of  their  office,  trustees 
of  the  library,  and  have  the  general  charge  and  superintendence  of 
it.  The  .librarian  is  subject  to  their  directions  in  all  matters  rela- 
ting to  the  preservation  of  the  books  and  appurtenances  of  the 
library,  and  he  may  be  removed  by  them  for  the  causes  and  under 
the  circumstances  mentioned  in  137th  section,  (No.  162.) 

Whenever  the  trustees  go  out  of  office  they  are  to  deliver  to  their 
successors  all  the  books  in  the  district  library,  with  the  case  and  all 
other  appurtenances,  and  such  delivery  should  be  had  within  ten  days 
at  least  after  their  successors  are  chosen  ;  and  the  librarian  is  at  the 
same  time  to  deliver  to  his  successor  all  the  minutes,  catalogues,  pa- 
pers and  property,  appertaining  to  the  library. 

III.  When   any  library  is  purchased  and  taken  charge  of  by  the 
librarian,  he  is  to   make  out   a   full  and  complete  catalogue  of  all 
the  books  contained  therein.     At  the  foot  of  each  catalogue  the  li- 
brarian is  to  sign  a  receipt  in  the  following  form  : 

I,  A.  B.,  do  hereby  acknowledge  that  the  books  specifie  in  the 
preceding  catalogue  have  been  delivered  to  me  by  the  Trustees  of 
School  District  No.  in  the  town  of  to  be  safely 

kept  by  me  as  Librarian  of  the  said  District  for  the  use  of  the  in- 
habitants thereof,  according  to  the  regulations  prescribed  by  the  Su- 
perintendent of  Common  Schools,  and  to  be  accounted  for  by  me 
according  to  the  said  regulations  to  the  Trustees  of  the  said  District, 
and  to  be  delivered  to  my  successor  in  office.  Dated,  &e. 


164  DISTRICT  LIBRARY  REGULATIONS. 

A  correct  copy  of  the  catalogue  and  receipt  is  then  to  be  made, 
to  which  the  trustees  are  to  add  a  certificate  in  the  following  form  : 

We,  the  subscribers,  Trustees  of  School  District  No.  in  the 
town  of  do  certify  the  preceding  is  a  full  and  complete 

catalogue  of  books  in  the  library  of  the  said  District  now  in  pos- 
session of  A.  B.  the  Librarian  thereof,  and  of  his  receipt  thereon. 
Given  under  our  hands  this  day  of  18 

The  catalogue  having  the  librarian's  receipt,  is  to  be  delivered 
to  the  trustees,  and  a  copy  having  the  certificate  of  the  trustees,  is 
to  be  delivered  to  the  librarian  for  his  indemnity. 

Whenever  books  aie  added  to  the  library,  a  catalogue  with  a  simi- 
lar receipt  by  the  librarian  is  to  be  delivered  to  the  trustees,  and  a 
copy  with  a  certificate  of  the  trustees  that  it  is  a  copy  of  the  cata- 
logue delivered  them  by  the  librarian,  is  to  be  furnished  to  him. 
Every  catalogue  received  by  the  trustees  is  to  be  kept  by  them 
carefully  among  the  papers  of  the  district  and  to  be  delivered  to 
their  successors  in  office. 

IV.  During  the  week  preceding  the  annual  meeting  all  the  books 
shall  be  called  in.     For  this  purpose   the   librarian   is  to  refuse  to 
deliver  out    any  books  for  fourteen  days  preceding  the  time  so  pre- 
scribed  for   collecting  them    together.     The   trustees  must  make  a 
careful  examination  of  the  books,  compare  them  with  the  catalogue, 
and  make  written  statements  in  a  column  opposite  the  name  of  each 
book  of  its  actual   condition,  whether  lost  or   present,  and  whether 
in  good  order  or  injured,  and  if  injured,  specifying  in  general  terms, 
the  extent   of  such  injury.     This  catalogue  with   the  remarks,  is  to 
be  kept  by  them  ;  a  copy  of  it  is  to  be  made  out,  and  delivered  to 
the  new  librarian  with  the  library,  by  whom  a  receipt   in   the  form 
above  prescribed  is  to  be  given,  and  to  be  delivered  to  the  trustees. 
Another   copy  certified   by  them  as  before  mentioned,  is  to  be  deliv- 
ered to  the  librarian. 

V.  Trustees  are  to  attend  to  the  library  for  the  purpose  of  compar- 
ing the  catalogue  with  the  books.     They  are,  at  all  times,  when  they 
think  proper,  and  especially  on  their  coining  into  office,  to  examine 
the  books  carefully,  and  to  note  such  as  are  missing  or   injured.     For 
every  book  that  is  missing  the  librarian  is  accountable  to  the  trustees 
for  the  full  value  thereof,  and  for  the  whole  series  of  which  it  formed 
a  part;  such  value  to  be  determined  by  the  trustees.     He  is  account- 
able, also,  for  any  injury  which  a  book  may  appear  to  have  sustain- 


DISTRICT  LIBRARY  REGULATIONS.  165 

ed,  by  being  soiled,  defaced,  torn,  or  otherwise.  And  he  can  be  re- 
lieved from  such  accountability  only  by  the  trustees,  on  its  being  sat- 
isfactorily shewn  to  them  that  some  inhabitant  of  the  district  has  been 
charged  or  is  chargeable  for  the  value  of  the  book  so  missing,  or  for 
the  amount  of  the  injury  so  done  to  any  work.  It  is  the  duty  of  the 
trustees  to  take  prompt  and  efficient  measures  for  the  collection  of 
the  amount  for  which  any  librarian  is  accountable;  such  amount, 
when  collected,  is  to  be  applied  as  directed  in  article  XII,  of  regu- 
lations No.  II,  with  respect  to  fines. 

VI.  It  is  the  duty  of  the  trustees  to  provide  a  plain  and  sufficient 
case  for  the  library,  with  a  good  lock,  if  the  district  shall  have  ne- 
glected to  do  so.  They  are  also  to  cause  the  books  and  case  to 
be  repaired  as  soon  as  may  be,  when  injured;  they  are  also  to  pro- 
vide sufficient  wrapping  paper  to  cover  their  books,  and  the  necessa- 
ry writing  paper  to  enable  the  librarian  to  keep  minutes  of  the  de- 
livery and  return  of  books.  These  are  proper  expenses  for  the  pre- 
servation and  repair  of  the  books,  and  are  to  be  defrayed  by  a  tax  on 
the  district,  which  is  to  be  added  by  any  tax  voted  by  a  district  meet- 
ing. It  is  not  necessary  that  the  tax  to  defray  these  expenses  should 
be  voted  by  the  inhabitants  of  the  district;  it  is  to  be  assessed  and 
collected  in  the  same  manner  as  a  tax  for  building  or  repairing  a 
school  house,  or  to  furnish  it  with  necessary  fuel  and  appendages, 

VII  The  librarian  must  cause  to  be  pasted  in  each  book  belonging 
to  the  library,  a  printed  label,  or  must  write  in  the  first  blank  leaf  of 
each  book,  specifying  that  the  book  belongs  to  the  library  of  school 
district  No.  in  the  town  of  ,  naming  the  town  and 

giving  the  number  of  the  district;  and  he  is  on  no  account  to  deliver 
out  any  book  which  has  not  such  printed  or  written  declaration  in  it. 
He  is  also  to  cause  all  the  books  to  be  covered  with  strong  wrapping 
paper,  on  the  back  of  which  is  to  be  written  the  title  of  the  book, 
and  the  number  in  large  figures.  As  new  books  are  added,  the  num- 
bers are  to  be  continued,  and  they  are  in  no  case  to  be  altered;  so 
that  if  a  book  be  lost,  its  number  and  title  must  still  be  continued  on 
the  catalogue,  with  a  note  that  it  is  missing. 

VIII.  The  librarian  must  keep  a  blank  book,  that  may  be  made  by 
stitching  together  half  a  dozen  or  more  sheets  of  writing  paper.  Let 
these  be  ruled  across  the  width  of  the  paper  so  as  to  leave  five  col- 
umns, of  the  proper  size  for  the  following  entries,  to  be  written  length- 
wise of  the  paper;  in  the  first  column,  the  date  of  the  delivery  of  any 


166  DISTRICT  LIBRARY  REGULATIONS. 

book  to  any  Inhabitant;  in  the  second  the  title  of  the  book  delivered 
and  its  number;  in  the  third,  the  name  of  the  person  to  whom  deliv- 
ered; in  the  fourth,  the  date  of  its  return;  and  in  the  fifth,  remarks 
respecting  its  condition,  in  the  following  form: 


Time  of 
delivery. 

Title  and 
No.  of  book. 

To  whom. 

When 
returned. 

j  Condition. 

1839. 
June  10. 

History  of 
Virginia.  43 

T.  Jones. 

June  20. 

1  Good. 

The  proper  width  of  each  column  can  be  ascertained  by  writing 
the  different  entries  on  a  half  sheet  of  paper  and  seeing  how  much 
room  they  respectively  occupy. 

As  it  will  be  impossible  for  the  librarian  to  keep  any  trace  of  the 
books  without  such  minutes,  his  own  interest  to  screen  himself  from 
responsibility,  as  well  as  his  duty  to  the  public  will,  it  is  to  be  hoped, 
induce  him  to  be  exact  in  making  his  entries  at  the  time  any  book 
is  delivered;  and  when  it  is  returned,  to  be  equally  exact  in  no- 
ticing its  condition,  and  making  the  proper  minute. 

IX.  A  fair  copy  of  the  catalogue  should  be  kept  by  the  librarian, 
to  be  exhibited  to  those  who  desire  to  select  a  book;  and  if  there  be 
room,  it  should  be  fastened  on  the  door  of  the  case. 

X.  The  several  trustees  of  school  districts  are  hereby  required,  in 
their  annual  reports   to  the  town  superintendent  of  common  schools, 
to  state  the  number  of  books  belonging  to  their  district  library  on  the 
last  day  of  December  in  each  year. 

XI.  The  trustees  of  each  school  district  shall,  at  the  time  of  their 
making  their  annual  reports,  deliver  to  the  town  superintendents  of 
their  town,  a  catalogue  containing  the  titles  of  all  the  books  in  the 
district  library,  with  the  number   of  volumes  of  each  set  or  series, 
and  the   condition  of  such  books,  whether  sound,  or   injured,  or  de- 
faced.    This  catalogue  must  be  signed  by  them  and  by  the  librarian. 

XIL  The  town  superintendent  of  common  schools  in  each  town  is 
required  carefully  to  preserve  such  catalogues,  and  deliver  them,  with 
the  papers  of  their  office,  to  his  successor,  who  is  also  required  to 
preserve  the  catalogues  delivered  to  him,  and  hand  them  over  to  his 
successor. 


DISTRICT  LIBRARY  REGULATIONS.  167 

XIII.  Town  superintendents  of  common  schools  cannot  pay  over 
any  library  money  to  the  trustees  of  a  district  in  the  following  cases: 

1st.  If  a  catalogue,  as  required  by  article  XI,  has  not  been  delivered 
to  them. 

2d.  If  the  number  of  books  belonging  t  to  its  library  is  not  stated 
in  the  annual  report  of  the  trustees. 

3d.  If  it  does  not  clearly  appear  from  such  report  that  the  whole  of 
the  library  moneys  paid  to  such  district  the  preceding  year,  have 
been  expended  according  to  law.  No  part  of  the  library  money 
can  be  applied  to  the  purchase  of  a  case  for  the  books.  These  are  the 
"  like  conditions"  referred  to  in  the  act  authorising  the  apportion- 
ment of  public  money  to  district  libraries. 

4th.  Wherever  it  appears  that  any  district  has  expended  any  portion 
of  its  library  money  in  the  purchase  of  any  text  book  used  in 
schools,  such  as  spelling  books,  arithmetics,  or  grammars,  or  any 
book  clearly  improper  to  be  admitted  into  a  district  library. 

XIV.  Whenever  town  superintendents  withhold  from  any  district 
its   library   money,  they   are   not   to   distribute   the   money   among 
the  other  districts,  but   are  to  report  the   case  and  the  circumstances 
to  the  Superintendent,  in  order  to  enable  him  to  exercise  the  discre- 
tion given  by  §  142,  (No.  167.) 

XV.  Whenever  in  these  regulations  any  act  or  duty  is  directed  or 
authorized  to  be  performed  by  trustees  of  libraries,  the  same  may  be 
performed  by  a   majority  of  the  trustees  at  a  meeting  of  the  whole 
number;  and  when  any  meeting  of  the  trustees  shall  have  been  noti- 
fied, by  notice  given  by  any  one  trustee  to  the  others,  a  majority  of 
the  whole  are   competent  to   the  transaction  of  any  business,  in  the 
same  manner  as  if  all  were  present.     But  a  majority  cannot  act  un- 
less notice  has   been  given  to  all  to  attend  at  the  time  and  place  of 
meeting. 

XVI.  Whenever  the  legal  voters  of  two  or  more  districts  desire  to 
unite  their  library  moneys  and   funds,  and  purchase  a  joint  library, 
under  the  provisions  of  the  141st  section  of  the  act  hereto  annexed, 
(No.  166,)  a  special  meeting  should  be  called  in  each  district  for  the 
purpose,  under  a  notice  specifying  the  object.     The  trustees  will  thtn 
transmit  to  the  town  Superintendent  certified  copies  of  the  votes,  and 


168  DISTRICT  LIBRARY  REGULATIONS. 

a  statementof  the  number  voting  for  and  against  them.  They  will 
also  furnish  statements  of  the  number  of  inhabitants,  the  valuations 
of  their  property,  the  amount  of  library  money  received  in  each  dis- 
trict, the  amount  each  has  voted  to  raise  by  tax  on  the  district,  and 
a  general  description  or  map  of  the  districts,  so  as  to  shew  their  con- 
tiguity; and  in  all  cases  where  the  convenience  of  the  inhabitants 
will  be  promoted  and  the  great  object  of  the  libraries  will  be  ad- 
vanced by  such  a  union,  the  town  superintendent,  it  is  preusmed,  will 
cheerfully  give  his  approbation  to  its  being  formed. 

XVII.  Where  such  a  union  is  formed,  the  preceding  regulations 
will  be  deemed  to  apply  to  the  joint  library,  subject  only  to  the 
variations  prescribed  in  the  before  mentioned  14 1st  section,  and  such 
as  arise  from  the  nature  of  the  union.  A  majority  of  the  whole 
number  of  trustees  of  all  the  districts  considered  as  one  body,  will 
be  competent  to  the  transaction  of  business,  and  to  decide  all  ques- 
tions which  may  properly  come  before  them. 

It  is  proper  to  remark  that  by  section  145  of  the  act,  (No.  173,) 
a  penalty  of  ten  dollars  is  incurred  by  every  town  superintendent  of 
common  schools  and  by  every  trustee  of  a  school  district  for  refus- 
ing or  wilfully  neglecting  to  perform  any  duty  required  by  law  or  by 
any  regulation  of  the  Superintendent  of  Common  Schools,  under  the 
authority  of  the  statute;  and  they  are  also  liable  to  their  towns  and 
districts  for  the  amount  of  any  toss  that  may  be  sustained  by  reason 
of  such  neglect  or  refusal. 


DISTRICT  LIBRARY  REGULATIONS,  NO.  II. 

Regulations  concerning  the  use  of  the  Books  in  District  Libraries 
prescribed  by  the  Superintendent  of  Common  Schools  pursuant  to 
the  139th  section,  of  the  act  of  1847. 

I.  The  librarian  has  charge  of  the  books  and  is  responsible  for  their 
preservation  and  delivery  to  his  successor. 

II.  A  copy  of  the  catalogue  required   to  be  made  out  by  Articles 
III.  and  IV.  of  Regulations   No.  1.   is  to   be  kept  by  the  librarian, 
open  to  the  inspection  of  the  inhabitants  of  the  district  at  all  re  a- 


DISTRICT  LIBRARY  REGULATIONS.  169 

sonable  times.     It  will  be  found  convenient  to  affix  a  copy  of  it  on 
the  door  of  the  book  case  containing  the  library. 

III.  Books  are  to  be  delivered  as  follows: 
1st.  Only  to  inhabitants  of  the  district. 

2d.  One  only  can  be  delivered  to  an  inhabitant  at  a  time;  and 
any  one  having  a  book  out  of  the  library  must  return  it  before  he 
can  receive  another. 

3d.  No  person  upon  whom  a  fine  has  been  imposed  by  the  trustees 
under  these  regulations,  can  receive  a  book  while  such  fine  remains 
unpaid. 

4th.  A  person  under  age  cannot  be  permitted  to  take  out  a  book 
unless  he  resides  with  some  responsible  inhabitant  of  the  district;  nor 
can  he  then  receive  a  book  if  notice  has  been  given  by  his  parent 
or  guardian  or  the  person  with  whom  he  resides,  that  they  will  not 
be  responsible  for  books  delivered  such  minor. 

5th.  Each  individual  residing  in  the  district,  of*  sufficient  age  to 
read  the  books  belonging  to  the  library,  is  to  be  regarded  as  an  in- 
habitant, and  is  entitled  to  all  the  benefits  and  privileges  conferred 
by  the  regulations  relative  to  district  libraries.  Minors  will  draw  in 
their  own  names,  but  on  the  responsibility  of  their  parents  or  guar- 
dians. 

6th.  Where  there  is  a  sufficient  number  of  volumes  in  the  library 
to  accommodate  all  residents  of  the  district  who  wish  to  borrow,  the 
librarian  should  permit  each  member  of  a  family  to  take  books  as 
often  as  desired,  so  long  as  the  regulations  are  punctually  and  fully 
observed.  But  where  there  are  not  books  enough  to  supply  all  the 
borrowers,  the  librarian  should  endeavor  to  accommodate  as  many  as 
possible,  by  furnishing  each  family  in  proportion  to  the  number  of 
its  readers  or  borrowers. 

IV.  Every  book  must  be  returned  to  the  library  within  twenty  days 
after  it  shall  have  been  taken  out,  but  the  same  inhabitant  may  again 
take  it,  unless  application  has  been  made  for  it,  while  it  was  so  out 
of  the  library,  by  any  person  entitled,  wtyo  has  not  previously  borrow- 
ed the  same  book,  in  which  case  such  applicant  shall  have  a  prefer- 
ence in  the  use  of  it.     And  where  there  have  been  several  such  ap- 
plicants, the  preference  shall  be  according  to  the  priority  in  time  of 


170          DISTRICT  LIBRARY  REGULATIONS. 

their  applications,  to  be  determined  by  the  librarian.  Upon  appli- 
cation to  the  Superintendent,  the  time  for  keeping  books  out  of  the 
library  will  be  extended  to  a  period  not  exceeding  twenty-eight  days, 
where  sufficient  reasons  for  such  extension  are  shown. 

V.  If  a  book  be  not  returned  at  the  proper  time,  the  librarian  is 
to  report  the  fact  to  the  trustees;  and  he  must  also  exhibit  to  them 
every  book   which  has  been  returned    injured   by  soiling,  defacing, 
tearing,  or  in  any  other  way,  before  such  book  shall  be  again  loaned 
out,  together  with  the  name  of  the  inhabitant  in  whose  possession  it 
was  when  so  injured. 

VI.  The  trustees  of  school  districts  being  by  virtue  of  their  office 
trustees  of  the  library,  are  hereby  authorized  to  impose  the  following 
fines: 

1st.  For  each  day's  detention  of  a  book  beyond  the  time  allowed 
by  these  regulations,  six  cents,  but  not  to  be  imposed  for  more  than 
ten  day's  detention. 

2d.  For  the  destruction  or  loss  of  a  book,  a  fine  equal  to  the  full 
value  of  the  book,  or  of  the  set,  if  it  be  one  of  a  series,  with  the 
addition  to  such  value  of  ten  cents  for  each  volume.  And  on  the 
payment  of  such  fine,  the  party  fined  shall  be  entitled  to  the  residue 
of  the  series.  If  he  has  also  been  fined  for  detaining  such  book,  then 
the  said  ten  cents  shall  not  be  added  to  the  value. 

3d.  For  any  injury  which  a  book  may  sustain  after  it  shall  be  taken 
out  by  a  borrower  and  before  its  return,  a  fine  may  be  imposed  of 
six  cents  for  every  spot  of  grease  or  oil  upon  the  cover  or  upon  any 
leaf  of  the  volume;  for  writing  in  or  defacing  any  book,  not  less 
than  ten  cents,  nor  more  than  the  value  of  the  book;  for  cutting  or 
tearing  the  cover,  or  the  binding,  or  any  leaf,  not  less  than  ten  cents, 
nor  more  than  the  value  of  the  book. 

4th.  If  a  leaf  be  torn  out,  or  so  defaced  or  mutilated  that  it  can- 
not be  read,  or  if  any  thing  be  written  in  the  volume,  or  any  other 
injury  done  to  it,  which  renders  it  unfit  for  general  circulation.,  the 
trustees  will  consider  it  a  destruction  of  the  book,  and  shall  impose 
a  fine  accordingly,  as  above  provided  in  case  of  loss  of  a  book. 

5th.  When  a  book  shall  have  been  detained  seven  days  beyond 
the  20  days  allowed  by  these  regulations,  the  librarian  shall  give  no- 


DISTRICT  LIBRARY  REGULATIONS.  171 

tice  to  the  borrower  to  return  the  same  within  three  days.  If  not 
returned  at  .  that  time,  the  trustees  may  consider  the  book  lost  or 
destroyed,  and  may  impose  a  fine  for  its  destruction  in  addition  to 
the  fines  for  its  detention. 

VII.  But  the  imposition  of  a  fine  for  the  loss  or  destruction  of  a 
book,   shall   not    prevent  the  trustees   from    recovering   such   book 
in  an  action  of  replevin,  unless  such  fine  shall  have  been  paid. 

VIII.  When  in  the  opinion  of  the  librarian  any  fine  has  been  in- 
curred by  any  person  under  these  regulations,  he  may  refuse  to  de- 
liver any  book  to  the  party  liable  to  such  fine,  until  the  decision  of 
the  trustees  upon  such  liability,  be  had. 

IX.  Previous  to  the  imposition  of  any  fine,  two  day's  written  or 
verbal  notice  is  to  be  given  by  any  trustee,  or  the  librarian,  or  any 
other  person  authorised  by  either  of  them,  to  the  person  charged,  to 
show  cause  why  he  should  not  be  fined   for  the   alleged   offence  or 
neglect;  and  if  within  that  time  good  cause  be  not  shown,  the  trus- 
tees shall  impose  the  fine  herein  prescribed.     No  other  excuse  for  an 
extraordinary  injury  to  a  book,  that  is  for  such  an  injury  as  would 
not  be  occasioned   by  its  ordinary  use   should  be   received,  but   the 
fact  that  the  book  was  as  much  injured  when  it   was  taken  out  by 
the  person    charged,  as  it   was  when  he  returned  it.      As  such  loss 
must  fall  on  some  one,  it  is  more  just  that  it  should  be  borne  by  the 
party  whose  duty   it  was  to  take  care  of  the   volume,  than   by  the 
district.     Negligence  can  only  be  prevented,  and  disputes  can  only 
be  avoided  by  .the  adoption  of  this  rule.     Subject  to  these   general 
principles,  the  imposition  of  all,  or  any  of  these  fines,  is  discretion- 
ary with  the  trustees,  and  they  should  ordinarily  be  imposed  only  for 
wilful  or  culpably  negligent  injuries  to  books,  or  where  the  district 
actually  sustains  a  loss,  or  serious   injury.     Reasonable  excuses  for 
the  detention  of  the  books  beyond  the  20  days,  should  in  all  cases 
be  received. 

X.  It  is  the  special    duty  of  the   librarian  to   give  notice  to  the 
borrower  of  a  book  that  shall  be  returned   injured,  to   show   cause 
why  he  should  not  be  fined.     Such  notice  may  be  given  to  the  agent 
of  the  borrower  who  returns  the  book;   and  it  should  always  be  giv- 
en at  the  time  the  book  is  returned. 

t 

XI-  The  librarian  is  to  inform  the  trustees  of  every  notice  given 
by  him  to  show  cause  against  the   imposition   of  a  fine;  and  they 


172  DISTRICT  LIBRARY  REGULATIONS. 

shall  assemble  at  the  time  and  place  appointed  by  him,  or  by  any 
notice  given  by  them,  or  any  one  of  them;  and  shall  hear  the  charge 
and  defence.  They  are  to  keep  a  book  of  minutes,  in  which  every 
fine  imposed  by  them,  and  the  cause,  shall  be  entered  and  signed  by 
them,  or  the  major  part  of  them.  Such  original  minutes  or  a  copy 
certified  by  them,  or  the  major  part  of  them,  or  by  the  clerk  of  the 
district,  shall  be  conclusive  evidence  of  the  fact  that  a  fine  was  im- 
posed as  stated  in  such  minutes,  according  to  these  regulations. 

XII.  It  shall  be  the  duty  of  trustees  to  prosecute  promptly  for  the 
collection  of  all  fines  imposed  by  them.     Fines  collected  for  the  de- 
tention of  books,  or  for  injuries  to  them,  are  to  be   applied  to  de- 
fray the   expense  of  repairing  the  books  in  the  library.     Fines  col- 
lected for  the  loss  or  destruction  of  any  book,  or  of  a  set  or  series 
of  books  shall  be  applied  to  the  purchase  of  the  same  or  other  suit- 
able books. 

XIII.  These  regulations  being  declared  by  law  "  obligatory  upon 
all  persons  and  officers  having  charge  of  such  libraries,  or  using  or 
possessing  any  of  the  books  thereof,"  it  is  expedient  that  they  should 
be  made  known  to  every  borrower  of  a  book.     And  for  that  purpose 
a  printed  copy  is  to  be  affixed  conspicuously  on  the  case  containing 
any  library,  or   in  one   of  such   cases,  if  there  be  several  ;  and  the 
librarian  is  to  call  the  attention  of  every  person  to  them  on  the  first 
occasion  of  his  taking  out  a  book". 


Appeals  to  the  State  Superintendent. 

(The  cases  in  which  the  courts  will  not  entertain  jurisdiction  of 
complaints  of  erroneous  proceedings  under  the  school  laws,  and  in 
which  only  a  certiorari  will  lie,  may  be  inferred  from  the  decision 
of  the  Supreme  Court  in  the  case  of  Eaton  and  others,  vs.  Calendar, 
11  Wend.  90.  "The  plaintiff  below  was  not  without  his  remedy. 
1  R.  S.  487,  §110,  111  and  the  amendment  of  the  law,  20th  April 
1830,  provides  that  "  any  person  conceiving  himself  aggrieved  in 
consequence  of  any  decision  made  by  the  Trustees  of  any  district  in 
paying  any  teacher;  or  concerning  any  other  matter  under  the  pre- 
sent title,"  (which  includes  the  whole  of  the  school  aqt,)  "  may  ap- 
peal to  the  Superintendent  of  common  Schools  whose  decision  shall 
be  final."  This  provision  was  intended  for  what  it  practically  is,  a 
cheap  and  expeditious  mode  of  settling  most,  if  not  all,  of  the  diffi- 


DISTRICT  LIBRARY  REGULATIONS.  173 

culties  and  disputes  arising  in  the  course  of  the  execution  of  the 
law.  A  common  law  certiorari  would  no  doubt  lie  from  this  court, 
to  the  trustees  to  bring  up  and  correct  any  erroneous  proceeding  not 
concluded  by  an  adjudication  of  the  Superintendent,  or  in  a  case 
where  his  powers  were  inadequate  to  give  the  relief  to  which  the 
party  was  entitled.) 

The  passage  of  several  acts  of  the  Legislature  renders  necessary 
a  revision  of  the  regulations  concerning  appeals  :  And  the  follow- 
ing are  therefore  substituted  for  those  heretofore  established  : 


CASES  IN  WHICH  APPEALS  MAY  BE  MADE, 
Under  the  132  Section  of  the  Common  School  Act.     (JVb.  157.) 

I.  Where   any  decision  has   been  made  by  any   School  District 
meeting. 

This  includes  the  whole  class  of  cases,  in  which  district  meetings 
have  the  power  to  decide  on  any  proposition  or  motion  that  may  le- 
gally be  made  to  them,  under  any  section  of  the  School  Act. 

II.  Where  any  decision  has  been  made  by  the   Town  Superinten- 
dent of  Common   Schools,  or  by  him  and  the  Supervisor   and  Town 
Clerk,  in  the  forming  or  altering,  or  in  refusing  to  form  or  alter  any 
Sohool  District,  or  in  refusing  to  pay  any  school  moneys  to  any  dis- 
trict, and  under   the  general  provision,  "  concerning  any  other  mat- 
ter under  the  present  title,"    appeals  will  also  lie  from  the  proceed- 
ings of  such  Town   Superintendent  in  any  erroneous   distribution  of 
public  money,  in  paying  it  to  any  district  not  entitled,  or  more  than 
it  is  authorized  to  receive  ;  and  in  fact  any  official  decision,  act,  or 
proceeding,  and  from  a  refusal   to  discharge  any  duty  imposed  b£ 
law,  or  the  regulations  of  the  Superintendent,  or  incident  to  the  du- 
ties of  his  office. 

III.  Where  any  decision  has  been  made   by  trustees  of  school  dis- 
tricts  in  paying  any  teacher,  or  refusing  to  pay  him,  or  in  refusing 
to  admit  any  scholar    gratuitously   into   the  school  :  And  under  the 
same  general  provision  referred  to,  in  improperly  admitting  any  scho- 
lar gratuitously,  in   making  out  any   tax  list,  or  rate  bill,  or  in  any 
act  or  proceeding  whatever,  which   they  undertake  to  perform  offi- 
cially ,  "and  also   for  the  refusal  to  discharge  any  duty  enjoined  by 


£• 

174  DISTRICT  LIBRARY  REGULATIONS. 

law,  or  any  regulation  of  the  Superintendent,  or  incident  to  the  du- 
ties of  their  office. 

IV.  Where  Town  Superintendents  have  improperly  granted  or  an- 
nulled a  certificate  or  qualification  to  a  teacher  ;  or  have  refused  to 
grant  or  annul  such  certificate  :  and  where  they  have   undertaken  to 
perform  any  official  act,  or  refused  to  discharge  any  duty*  imposed  by 
law  or  under  its  authority,  in   the  inspection  of  teachers  and  visita- 
tion of  schools. 

V.  Where  Clerks  of  Districts,  Clerks  of  Towns,  or  other  ministe- 
rial officers,  refuse   to  perform  any  duty   enjoined   by  the   Common 
School  Act. 

VI.  Where  any  other  matter  under  the  said  act,  shall  be  present- 
ed, either  in   consequence  of  disputes   between  districts   respecting 
their  boundaries,  or  any  other  subject  ;  or  in  consequence  of  disputes 
between  any  officers  charged  with  the   execution  of  any  duties  under 
the  laws  concerning  Common  Schools,  or  disputes  between  them  and 
any  other  person  relating  to  such  duties  or  any  of  them. 

Under  the    140th  section  "  respecting  School   District  Libraries" 

(JVb.  165.) 

VII.  Appeals  may  be  made  from   any  act  or  decision  of  trustees 
or  school  districts   concerning  the  Libraries,  or   the   books  therein, 
or  the  use  of  such  books. 

VIII.  Any  act  or  decision  of  the   Librarian  in  respect  to   the  li- 
brary. 

IX.  Any  act  or  decision  of  any  district  meeting  in  relation  to  their 
school  library. 

X.  Appeals  also  lie  from  the  acts  of  Town  Superintendents  of 
Common  Schools  in  withholding  or  paying  over  library  money  to  any 
district. 


APPEALS  TO  THE  SUPERINTENDENT.    175 


BY  WHOM  APPEALS  ARE  TO  BE  MADE. 

XII.  The  person  aggrieved  by  the  act  complained  of  only  can  ap- 
peal. Generally  every  inhabitant  of  a  district  is  aggrieved  by  the 
wrongful  act  or  omission  of  a  trustee  or  town  superintendent,  by 
which  money  or  property  is  disposed  of,  or  not  secured  for  the  bene- 
fit of  the  district.  But  no  one  is  aggrieved  by  another  by  another 
being  included  in  a  tax  list  or  rate  bill,  although  other  inhabitants 
are  by  the  omission  of  one  who  should  be  taxed;  and  appeals  may 
be  made  by  trustees,  in  behalf  of  their  districts  whenever  they  are 
aggrieved. 


FORM  AND  MANNER  OF  PROCEEDING^ 


XIII.  An  appeal  must  be  in  writing  and  signed  by  the  appellant. 
When  made  by  the  trustees  of  a  district,  it  must  be  signed  by  all  the 
trustees,  or  a  reason  must  be  given  for  the  omission  of  any,  verified 
by  the  oath   of  the  appellant,  or   of  some  person  acquainted   with 
such  reason. 

XIV.  A  copy  of  the  appeal,   duly  verified,  and  of  all   the  state- 
ments, maps  and  papers  intended  •  to  be  presented   in  support   of  it, 
must  be  served  on  the  officers  whose  act  or  decision  is  complained  of, 
or  some  one   of  them;  or  if  it  be  from  the   decision   or  proceeding 
of  a  district  meeting,  upon  the  district  clerk  or  one  of  the  trustees, 
whose  duty  it  is  to  cause  information  of  such  appeal  to  be  given  to 
the  inhabitants  who  voted   for   the  decision  or  proceeding  appealed 
from. 

XV.  Such  service  must  be  made  within  thirty  days  after  the  ma- 
king of  the  decision,  or  the  performance   of  the  act  complained  of: 
or  within  that  time,  after  the  knowledge   of  the  cause  of  complaint 
came  to  the  appellant,  or  some  satisfactory  excuse  must  be  rendered 
for  the  delay. 

XVI.  The  party  on  whom  the  appeal  was  served,  must  within  ten 
days  from  the  time  of  such  service,  answer  the  same,  either  by  concur- 
ring in  a  statement  of  facts  with  the  appellant,  or  by  a  separate  answer, 

' 


176         APPEALS  TO  THE  SUPERINTENDENT. 

Such  statement  and  answer  must  be  signed  by  all  the  trustees,  or 
other  officers,  whose  act,  omission  or  decision  is  appealed  from,  or  a 
good  reason  on  oath  must  be  given,  for  the  omission  of  the  signature 
of  any  of  them,  verified  by  oath,  and  a  copy  of  such  answer  must  be 
served  on  the  appellants,  or  some  one  of  them. 

XVII.  So  far  as  the  parties  concur  in  a  statement  no  oath  will  be 
required  to  it.      But  all  facts,  maps  or  papers   not   agreed  upon  by 
them  and  evidenced  by  their  signature  on   both  sides,  must  be  veri- 
fied by  oath. 

XVIII.  All  oaths  required  by  these  regulations  must  be  taken  before 
a  judge  of  a  court  of  record,  a  commissioner  of  deeds  or  a  justice  of 
the  peace. 

XIX.  A  copy  of  the  answer  and   of  all  the  statements  maps  and 
papers  intended  to  be  presented  in  support  of  it,  must  be  served  upon 
the  appellants,  or  some  one  of  them,  within  ten  days  after  service  of 
a  copy  of  the  appeal,  unless   further  time  be  given  by  the  state   su- 
perintendent, on  application,  in  special  cases;  but  no  replication  or 
rejoinder  shall   be   allowed,   except  by  permission   of  the  state  su- 
perintendent, and  in  reference  exclusively  to  matters  arising  upon  the 
answer,   and  which  may  be   deemed  by  such   state  superintendent 
pertinent  to  the  issue:  in  which  case  such   replication  and  rejoinder 
shall  be  duly  verified  by  oath,  and  copies  thereof  served  on  the  op- 
posite party. 

XX.  Proof  or  admission  of  the  service  of  copies  of  the  appeal, 
answer  and  all  other  papers   intended  to  be  used  on    the  hearing  of 
such  appeal,  must  in  all  cases,  accompany  the  same. 

XXI.  When   any   proceeding  of  a   district  meeting   is   appealed 
from,  and  when  the  inhabitants  of  a  district  generally  are  interested 
in  the  matter  of  the  appeal,  and  in    all   cases  where  an   inhabitant 
might  be  an  appellant,  had  the  decision  or  proceeding  been  the  op- 
posite of  that  which  was  made  or  had;  any  one  or  more  of  such  in- 
habitants may  answer  the  appeal,  with  or  without  the  trustees. 

XXII.  Where  the  appeal  has   relation  to  the  alteration  or  forma- 
tion of  a  school  district,  it  must  be  accompanied  by  a  map,  exhibit- 
ing the  site  of  the  school  house,  the  roads,  the  old  and  new  lines  of 
districts,  the  different  lots,  the  particular  location  and  distance  from 


APPEALS  TO  THE  SUPERINTENDENT.         177 

the  school-houses,  of  the  persons  aggrieved;  and  their  relative  dis- 
tance, if  there  are  two  or  more  school  houses  in  question.  Also,  a 
list  of  all  the  taxable  inhabitants  in  the  district  or  territory  to  be 
affected  by  the  question;  the  valuation  of  the  property  taken  from 
the  last  assessment  roll,  and  the  number  of  children  between  five  and 
sixteen  belonging  to  each  person,  distinguishing  the  districts  to  which 
they  respectively  belong. 

•  •»  ••"   v         r '  ..'   '.'. 

XXIII.  When  the  copy  of  the  appeal  is  served,  all  proceedings  upon 
or  in  continuation  of  the  act  complained  of,  or  consequent  in  any 
way  upon  such  act,  must  be  suspended  until  the  case  is  decided.  So 
where  any  decision  concerning  the  distribution  of  public  money  to 
one  or  more  districts  is  appealed  from,  the  town  superintendent  must 
retain  the  money  which  is  in  dispute  until  the  appeal  is  decided. 
And  where  trustees  have  money  in  their  hands  claimed  to  belong  to 
any  person,  or  any  other  district,  after  the  copy  of  an  appeal  is  serv- 
ed on  them  in  relation  to  such  claim,  they  must  retain  snch  moneys 
to  abide  the  result,  and  must  not  expend  them  so  as  to  defeat  the  ob- 
ject of  the  appeal. 

XXIV  Whenever  a  decision  is  made  by  the  superintendent,  and 
communicated  to  the  town  superintendent  of  common  schools,  re- 
specting the  formation,  division  or  alteration  of  districts,  he  must 
cause  the  decision  to  be  recorded  in  the  office  of  the  town  clerk. 
All  other  decisions  communicated  to  him,  or  to  the  trustees  of  dis- 
tricts, are  to  be  kept  among  the  official  papers  of  the  clerk  of  the 
town  or  district  and  handed  over  to  his  successors;  and  the  district 
clerks  are  required  to  record  all  such  as  come  to  their  hands  in  the 
district  book  kept  by  them. 


1.  Visiting  the  Districts  and  Inspecting  the  Schools  by 
Town  Superintendents. 

The  Statute  makes  it  the  duty  of  every  town  superintendent,  "  to 
visit  and  examine  all  the  schools  and  school  districts  committed  to 
his  charge  as  often  as  twice  in  each  year,  and  oftener  if  practicable, 
having  reference  to  the  number  of  such  districts."  This  language  is 
understood  to  mean  that  the  districts  and  schools  are  to  be  visited  as 

often  as  may  be  necessary. 
. 

12 


178    INSPECTIONS  BY  TOWN  SUPERINTENDENTS. 

1.  The  act  does  not  require  the  superintendents  to  notify  the  trus- 
tees of  their  visits  and  invite  their  attendance.     The  superintendents 
should,  however,  give  notice  to  the  trustees  of   the   districts,  of  the 
time  when  their  schools  will  be  visited.     To  enable  them  to  comply 
with  these  provisions,  they   should  make  a  previous  arrangement  of 
their  visits,  in  reference  to  the  means  of  travelling,  so  as  to  reach  as 
many  districts  as  possible  in  the  shortest  time.     Having  fixed  the  time 
for  visiting  the  schools,  they  should  at  once  give  ample  notice,  by 
transmitting  a  copy  of  their  arrangement  to  the  trustees  of  the  dis- 
tricts embraced  within  it,  and  request  them  to  attend. 

The  inhabitants  of  the  district,  and  particularly  parents  who 
have  children  attending  the  school,  should  be  invited  to  be  present  at 
the  inspection  by  the  superintendent; ''and  trustees  of  districts  are 
hereby  required,  whenever  they  receive  information  of  an  intended 
visit,  to  communicate  it  as  generally  as  possible  to  the  inhabitants. 
Their  attendance  will  afford  an  opportunity  for  the  public  addresses 
of  the  superintendents,  before  suggested. 

2.  Examination  of  the  School. — Preparatory  to  this,  the  superin- 
tendent should  ascertain  from  the  teacher  the  number  of  classes;  the 
studies  pursued  by  each;  the  routine  of  the  school;  the  successive  ex- 
ercises of  each  class  during  each  hour  of  the  day;  the  play  spells  al- 
lowed, &c.,   and  thus   obtain  a  general   knowledge   of  the  school, 
which  will  be  found  greatly  to  facilitate  his  subsequent  duties.  Every 
superintendent  is  enjoined  to  call  for  and  examine  the  list  of  schol- 
ars in  the'  book  which  the  Statute  requires  the  teacher  to  keep,  in  or- 
der that  he  may  see  whether  the  names  are  correctly  and  neatly  en- 
tered.    He  will  also  examine  the  day  roll  and  the  weekly  roll,  which 
by  the  preceding  regulations,  teachers   are  directed  to  preserve,  and 
will  ascertain  by  the  proper  enquiries,  whether  they  are  exact  in  en- 
tering all  who  are  present. 

The  superintendent  will  then  hear  each  class  recite  the  ordinary 
lesson  of  tho  day.  It  will  then  be  examined  on  the  subjects  of  study. 
Generally  it  will  be  better  to  allow  the  teacher  to  conduct  the  exer- 
cises and  examinations,  as  the  pupils  will  be  less  likely  to  be  intimi- 
dated, and  an  opportunity  will  be  given  of  judging  of  the  qualifica- 
tions of  the  instructors. 

To  enable  him  to  compare  the  school  with  itself  at  another  time, 
and  with  other  schools,  and  to  comply  with  the  regulations  hereinaf- 
ter contained,  respecting  the  annual  reports,  the  superintendent  should 


INSPECTIONS  BY  TOWN  SUPERINTENDENTS.     179 

keep  notes  of  his  observations,  and  of  the  information  he  obtains  on 
all  the  subjects  on  which  he  is  required  to  report;  and  he  should  par- 
ticularly note  any  peculiarities  which  seem  to  require  notice,  in  the 
mode  of  instruction,  in  the  government  and  discipline  of  the  school, 
and  the  appearance  of  the  pupils,  in  respect  to  their  cleanliness  of 
person  and  neatness  of  apparel. 

3.  The  superintendent  will  also  examine  the  condition  of  the  school 
house  and  its  appurtenances;  whether  the  room  has  the  means  of  ven- 
tilation, by  lowering  an  upper  sash,  or  otherwise;  whether  it  is  suffi- 
ciently tight  to  protect  the  children  from  currents  of  air,  and  to  keep 
them  warm  in  winter;  whether  there. is  a  supply  of  good  water;  the 
condition  of  the  privies,  and  whether  they  are  provided  for  both  sexes; 
and  the  accommodations  for  physical  exercise.  Their  attention  will 
be  given  to  the  arrangement  of  the  school  room;  whether  the  seats 
and  desks  are  placed  most  conveniently  for  the  pupils  and  teacherss 
and  particularly  whether*  backs  are  provided  for  the  seats,  a  circum- 
stance very  important  to  the  comfort  and  health  of  the  children.  They 
should  also  inquire  whether  blackboards  and  alphabetical  cards,  or 
any  apparatus  to  assist  learners  are  furnished. 

The  preceding  topics  of  inquiry  are  suggested,  rather  as  hints  bf 
the  most  important,  than  intended  to  embrace  the  whole  field.  The 
judgment  and  observation  of  the  superintendents  will  discover  many 
other  subjects  deserving  their  attention. 

4.  The  superintendents  will  also  inquire  into  the  condition  of  the 
district,  in  relation  to  its  ability  to  maintain  a  school;  whether  its 
interest  and  the  convenience  of  its  inhabitants  can  be  promoted  by  any 
alterations,  without  injury  to  others;  and  they  will  suggest  whatever 
occurs  to  them,  to  the  trustees. 

In  case  of  any  gross  deficiency  or  inconvenience,  which  the  proper 
officers  refuse  or  decline  to  remedy,  the  superintendents  will  note  it 
in  their  annual  reports  to  the  county  clerks. 

5.  They  will  also  examine  the  district  library,  and  obtain  the  in- 
formation respecting  it,  hereinafter  required  to  be  stated  in  their  re- 
ports. 


180  TOWN  SUPERINTENDENTS. 

II.  Advising  and  consulting  with  the  trustees  and  other 
officers  of  school  districts. 

This  is  made  a  special  duty  of  the  town  superintendents  by  these  in- 
structions; they  are  to  advise  the  trustees  and  other  officers  in  rela- 
tion to  all  their  duties,  and  to  recommend  to  them  and  the  teachers 
the  proper  studies,  discipline,  and  conduct  of  the  school,  the  course 
of  instruction  to  be  pursued,  and  the  elementary  books  to  be  used. 
The  notes  which  the  superintendents  make  during  their  inspection  of 
the  school,  will  much  facilitate  the  discharge  of  this  portion  of  their 
duty. 

1.  In  regard  to  proper  studies.  If  they  find  any  important  one 
omitted,  or  that  pupils  are  hastened  on  without  thoroughly  under- 
standing the  preliminary  or  previous  branches,  they  should  point  out 
the  error  and  its  consequences.  For  instance,  they  should  urge  the 
absolute  necessity  of  children  being  thoroughly  and  frequently  exer- 
cised in  speUing,  so  that  they  make  no  mistakes  in  any  words  in 
common  use.  Without  this  it  is  impossible  for  them  to  be  good 
readers.  And  in  the  exercise  of  reading,  they  should  insist  on  clear 
and  distinct  articulation,  more  than  any  other  quality;  and  generally 
the  ability  of  the  superintendent  is  relied  upon  to  detect  bad  habits 
in  vhe  manner  of  reciting,  erroneous  ideas  on  the  subject  and  super- 
ficial acquirements. 
t 

2.  The  discipline  and  conduct  of  the  school.  It  can  scarcely  be  ne- 
cessary to  remark  on  the  importance  of  order  and  system  in  the  schools, 
not  only  to  enable  the  pupils  to  learn  anything,  but  to  give  them 
those  habits  of  regularity  so  essential  in  the  formation  of  character. 
Punctuality  of  attendance,  as  well  as  its  steady  continuance  should 
be  enforced.  Parents  should  be  told  how  much  their  children  lose, 
to  what  inconvenience  they  expose  the  teacher,  and  what  disorder 
they  bring  upon  the  whole  school,  by  not  insisting  upon  the  scholars 
being  punctually  at  the  school  room  at  the  appointed  hour;  and  above 
all,  they  should  be  warned  of  the  injurious  consequences  of  allowing 
their  children  to  be  absent  from  school  during  the  term.  By  being 
indulged  in  absences  they  lose  the  connection  of  their  studies,  pro- 
bably fall  behind  their  class,  become  discouraged,  and  then  seek  eve- 
ry pretext  to  play  the  truant.  The  habit  of  irregularity  and  insub- 
ordination thus  acquired,  will  be  apt  to  mark  their  character  through 
life.  Trustees  should  be  informed  that  the  omission  of  parents  to 
require  the  regular  and  punctual  attendance  of  their  children  will 


TOWN  SUPERINTENDENTS.  181 

justify  their  exclusion,   on  account   of  the  effect  of  such  irregularity 
upon  the  other  pupils. 

The  superintendents  should  also  observe  whether  the  teachers  are 
careful  to  preserve  the  respect  of  tKeir  pupils,  not  only  by  maintain- 
ing their  authority,  but  by  a  becoming  deportment,  both  in  the  school 
room  and  out  of  it. 

3.  With  regard  to  the  course  of  instruction,  the  advice  of  the  su- 
perintendents will  often   be  of  great  value.     The   usual    order  has 
been  found  by   long  experience  to   be   the   best,   viz:  the    alphabet, 
spelling,  reading  with  definitions,  arithmetic,  geography,  history  and 
grammar.     No  child  should  be  put  to  any  study  beyond  his  capacity, 
or  for  which  he  is  not  already  prepared.     English  grammar  particu- 
larly demands  so  much  exercise  of  the  intellect,  that  it  ought  to  be 
delayed  until  the  pupil  has  acquired   considerable  strength  of  mind 

4.  The  books  of  elementary  instruction. — It  is  believed  that  there 
are  none  now  in  use  in  our  schools  that  are  very  defective;  and  the 
difference  between  them  is  so  slight,  that  the  gain  to  the  scholar  will 
not  compensate  for  the  heavy  expense  to  the  parent,  caused  by  the 
substitution  of  new  books  with  every  new  teacher;  and   the    capri- 
ciousness  of  change  which  some  are  apt  to   indulge  on  this  subject, 
cannot  be  too  strongly   or  decidedly  resisted.     Trustees   of  districts 
should  look  to  this  matter  when  they  engage  teachers. 

One  consequence  of  the  practice  is,  the  great  variety  of  text  books 
on  the  same  subject,  acknowledged  by  all  to  be  one  of  the  greatest 
evils  which  afflicts  our  schools.  It  compels  the  teacher  to  divide 
the  pupils  into  as  many  classes  as  there  are  kinds  of  books,  so  that 
the  time  which  might  have  been  devoted  to  a  careful  and  deliberate 
hearing  of  a  class  of  ten  or  twelve,  where  all  could  have  improved 
by  the  corrections  and  observations  of  the  instructor,  is  almost  wast- 
ed in  the  hurried  recitations  often  or  a  dozen  pupils  in  separate 
classes  ;  while  in  large  schools,  some  must  be  wholly  neglected. 
W7herever  the  superintendents  find  this  difficulty  existing,  they  should 
not  fail  to  point  out  its  injurious  consequences,  and  to  urge  a  remedy 
by  the  adoption  of  uniform  text  books  as  speedily  as  possiLle.  To 
accomplish  this,  let  the  trustees,  under  the  advice  of  the  teacher,  in- 
spectors and  superintendents,  determine  what  text  books  shall  be  used 
in  each  study,  and  require  every  child  thereafter  coming  to  the 
school  to  be  provided  with  the  designated  books.  This  very  desira- 
ble uniformity  may,  perhaps,  be  facilitated  by  exchanges  between 


182  TOWN  SUPERINTENDENT. 

different  districts,  of  the  books  that  do  not  correspond  with  those  in 
general  use,  for  such  as  do.  For  instance,  in  one  school  the  great 
majority  of  spelling  books  may  be  those  of  Webster  with  some  of 
Marshall's,  while  the  latter  may  predominate  in  another  district  in 
which  there  are  also  several  of  Webster's.  In  such  cases,  an  ex- 
change of  the  different  books  between  the  two  would  obviously  be 
mutually  beneficial.  The  superintendents  might  assist  in  the  exe- 
cution of  such  an  arrangement  by  noting  the  proportions  of  the  va- 
rious books  in  the  different  schools. 

5.  The  Erection  of  School    Houses. — It  would  be  for  the  town 
superintendents  to  give  particular  attention   to  this  subject.     When- 
ever  they  learn  that  the  building  of  a  school  house  is  contemplated, 
they  should    advise  with  the  trustees   respecting  its  plan.     He  must 
be  a   superficial   observer,   who   has   not  perceived  how    much   the 
health  of  pupils,  the  order  and  discipline  of  a  school,  and  the  conve- 
nience of  the   teacher,  depend  upon  the   arrangements  of  the  school 
room.     This  is  not  the  place  to  state  the  best  models.     Information 
upon  that  point,  collected  with  great  care  from  Europe  and  Ameri- 
ca, has  already  been  given,  and  will  continue  to  be  furnished  in  the 
District  School  Journal.     Whenever  repairs   are  about  to  be    made 
to  school  houses,  the   superintendents  should  avail  themselves  of  the 
occasion  to  recommend  such  improvement  as  may  be  desirable. 

6.  In  their  consultations   with  trustees    and  teachers,  the  superin- 
tendents should  be   especially  careful  to  communicate  their   sugges- 
tions in  a  kind  and  friendly  spirit,  as  the  most  likely  means  of   suc- 
cess, and  as  the  only  mode  of  preserving  those  harmonious  relations, 
which   are  essential  to   their  own  happiness  as  well  as  usefulness  ; 
and  whenever  they  observe  any  thing  in   the  mode  of  instruction,  in 
the  government  or  discipline   of  the  school,  or  in  any  other  point, 
which,  in  their  judgment,  requires  correction,  they  will  make  it  a 
point  to  intimate  their  views  to  the  teacher  in  private,  and  never,  on 
any  occasion,  suffer  themselves  to  find  fault  with  him  in  the  presence 
of  his  pupils.     Children  cannot  discriminate,  and  they  will  feel  them- 
selves at  liberty  to  blame,  when  the  example  has  been  set  by  others. 
The  authority  of  the  teacher  should  be  preserved  entire  while  he  re- 
mains.    If  his  conduct  is  worthy  of  public  censure,  he  should  be  at 
once  dismissed,  rather  than   be  retained  to  become  an  object  of  the 
contempt  of  his  scholars. 


TOWN  SUPERINTENDENTS.  183 

III.     Reports  to  the  County  Clerks. 

1.  The  time  when  they  are  to  be   made. — The  town  superinten- 
dents  of  common  schools  are  required  to  file  their  reports  with  the 
county  clerk,  on  or  before  the  first  day  of  August  in  each  year.    The 
law  makes  it  the  duty  of  the  county  clerks,  to  transmit   abstracts  of 
all  such  reports  to  the  superintendent  by  the   first  day  of  October  in 
each  year. 

2.  Their  contents. — The  reports  are  required  to  be  made  the  same 
as  those  heretofore  made  by  the  County    Superintendents,  with  such 
additional  information   as   the  superintendent  shall  require. 

They  will  also  report  the  number  of  district  schools  visited  by  them 
during  the  year,  and  the  number  of  times  each  school  has  been  so 
visited.  They  will  state  the  condition  of  the  schools  under  the  follow- 
ing heads: 

(1.)  Teachers. — The  number  of  males  and  their  ages,  viz:  the 
number  under  18  years  of  age;  those  over  18  and  under  21;  over  21 
and  under  25;  over  2i>  and  under  30;. over  30  and  under  40;  over 
40  and  under  50;  and  over  50.  The  number  of  females  and  their 
ages  in  the  same  manner.  The  length  of  time  those  of  different 
sexes  have  taught  school,  viz:  the  number  of  males  who  have  taught 
less  than  one  year;  the  number  who  have  taught  one  year  and  less 
than  two;  two  years  and  less  than  four;  four  years  and  less  than  six; 
more  than  six  years;  and  the  same  in  respect  to  females.  They  will 
also  state  the  monthly  compensation  of  the  teachers,  specifying  how 
many  receive  the  different  sums  that  may  be  found  to  be  paid;  thus, 
the  number  receiving  $8.00  per  month;  the  number  receiving  $10.00, 
&o.  and  arranging  them  according  to  the  sex  of  the  teachers.  They 
will  ascertain  from  the  teachers  respectively,  the  different  portions  of 
time  they  have  kept  any  one  school,  and  will  communicate  the  re- 
sult in  a  table,  showing  how  many  teachers  have  kept  the  same 
school  one  year,  two  years,  three  years,  four  years,  five  years,  more 
than  five  and  less  than  ten,  and  more  than  ten  years. 

(2.)  The  course  and  extent  of  study  pursued. — Under  this  head 
the  report  will  state  the  following  particulars: 

Number  of  pupils  in  attendance  at  each  time  of  visitation. 
Number  of  classes  in  the  school. 
Number  of  pupils  learning  the  alphabet. 


184  TOWN  SUPERINTENDENTS. 

Number  of  pupils  learning  to  spell  without  being  able  to  read 
Number  of  pupils  learning  to  read. 

dp  do         to  define  words. 

Number   of  pupils   studying    arithmetic,  but   not  beyond    simple 
division. 

Number  of  pupils  beyond  simple  division, 
do  studying  geography, 

do  do         History  of  the  U.  States. 

do  do         other  history. 

do  do         grammar, 

do  do         use  of  globes. 

do  engaged  in  .other  studies,  specifying   them  and 

the  number  pursuing  each  study. 

(3.)  They  are  to  report  the  result  of  their  observations: 

1st.  In  relation  to  the  qualifications  of  the  teachers  generally. 

2d.  In  relation  to  the  mode  of  teaching  adopted  in  the  schools. 

3d.  In  relation  to  their  government  and  discipline. 

And  they  will  notice  gross  irregularities  or  imperfections. 

4.  Condition  of  the  School  Houses. — They  will  state  the  number 
built  of  stone;  those   of  brick;  of  wood  framed,  and   of  logs;  also 
the  number  having  but  one  room;  those  having  two  rooms  in  which 
schools  are  kept,  and  those  having  three  or  more  rooms;  the  number 
in  good  repair,  and  the  number  in  bad  or  decaying  condition.     They 
will  also  state  the  number  which  have  no  privies;  those  which  have 
one;   and  those  which  have  two  or  more. 

5.  Condition  of  the  District. — Any  information  which  may  be  ob- 
tained  under   the   inquiries   already   suggested,  and   which   may  be 
deemed  useful,  or   in  respect  to  which  any  beneficial    action  of  this 
department  can  be  had,  will  be  stated  in  this  report. 

6.  The  state  of  the  district  libraries.' — The  town  superintendents 
are  required  to   examine  the   library  of  each   district,  and  ascertain 
the  whole  number  of  books  purchased,  and   on  hand,  and  their  con- 
dition; and  the  average  number  in   circulation,  i.  e.  the  proportion 
usually  kept  out.     They  will  state  in   their  reports,  the  whole  num- 
ber of  books  in  all  the  district  libraries  in  the  county,  and  the  average 
<• i  circulation    obtained  from  the   averages   of  each  district.     They 
will  state,  generally,  the  condition   of  the  books,  as  far  as  seen  by 
them,  and  the   degree  of  care  and  attention  apparently  bestowed  in 
their  preservation  by  the  trustees  and  librarian.     If  they  discover 

I 


TOWN  SUPERINTENDENTS.  185 

any  improper  books  in  the  libraries,  they  should  suggest  to  the  trus- 
tees their  removal;  and  if  they  find  them  continue,!,  notwithstanding, 
they  will  report  the  facts  to  this  department. 

7.  They  will    also  report  the   whole  number  of  persons  to  whom 
they  have  given   certificates  of  qualification   as   teachers,  during  the 
year,  specifying  their   sexes  and    ages,  viz:  those  under  18 — those 
over  18  and  under  21 — over  21    and  under  25 — over  25  and  under 
30 — over   30   and  under  40 — over  40   and  under   50 — and   those, 
over  50 

8.  It  will  be  perceived  that  trustees  of  school  districts  are  requir- 
ed to  state  in  their  reports  the  number  of  select  schools,  other   than 
those  that  are  incorporated,  within  their  respective  districts,  and  the 
average  number  of  pupils  attending   them.     There  are  such  schools 
in  cities  and  villages,  as   in   Utica,   Schenectady,  Poughkeepsie  and 
other  places,  which  are    not  within    any  school  district.     As  the  in- 
formation  desired  has  a   very  important   bearing  upon  the  common 
school  system,  the  town  superintendents  are  required  to  ascertain  the 
number  of  such   schools  and   the   pupils  taught   in  them  during  the 
year,  which  are  kept  in  such  cities  and  villages  and  are  not  included 
in  any  school  district,  and  state  them  in  their  annual  reports.     They 
will  be  careful  not  to  embrace  any  that  are  contained  in  the  reports 
of  the  trustees;  and  to  insure  accuracy,  they  will  specify  the  city  or 
village  in  which  the  select  schools  are  established.     Those  thatares 
incorporated  will  be   included  in  the  reports  to  the  Regents  of  the 
University. 


IV.  The  licensing  of  teachers  and  annulling  their  certi- 
ficates. 

1.  Examining  and  licensing  Teachers. 

This  authority,  it  will  be  perceived,  is  given  by  §34,  of  the  act  of 
1847,  (No.  59.)  It  being  jrery  desirable  that  all  the  teachers 
should  be  licensed  by  the  town  superintendents,  so  as  to  secure  the 
competent  talent  and  knoweldge,  and  to  produce  uniformity  in  a  coun- 
ty; and  to  afford  every  reasonable  accommodation  to  those  desiring 
to  offer  themselves,  they  should  make  their  arrangement  to  examine 
applicants  for  licenses  in  their  towns  For  this  purpose,  they 


186  TOWN  SUPERINTENDENTS. 

should  appoint  a  particular  day  and  place  in  the  town,  and  when 
the  town  is  very  large,  in  different  sections  of  it,  when  they  will  be 
in  readiness  to  examine  teachers.  Public  notice  of  such  appointment 
should  be  given.  It  is  probable  that  this  will  bring  together  several 
applicants,  and  thus  diminish  the  labors  of  the  superintendent,  parti- 
cularly as  a  license  by  him  will  obviate  the  necessity  of  early  exa- 
minations, as  well  as  prevent  the  necessity  of  a  re-examination  du- 
ring the  year.  In  making  such  examinations,' they  should  confine 
themselves  to  the  subjects  specified  in  the  statute  §  35,  (No.  60,)  and 
should  ascertain  the  qualifications  of  the  candidates  in  respect,  1st, 
to  moral  character;  2d,  learning;  and  third,  ability. 

First. — They  should  require  testimonials  of  moral  character,  from 
those  acquainted  with  the  applicant,  which  is  to  be  either  verbal  or 
written,  and  the  latter  is  to  be  preferred.  This  is  not  a  matter  to  be 
neglected  or  slighted.  Those  to  whom  the  training  of  our  youth  is 
to  be  committed,  should  possess  such  a  character  as  will  inspire  con- 
fidence in  the  rectitude  of  their  principles  and  the  propriety  of  their 
conduct;  and  it  is  to  be  understood  as  a  positive  regulation  of  this  de- 
partment, that  no  license  is  to  be  granted,  without  entire  satisfaction 
on  this  point.  This  must  be  understood  to  relate  to  moral  character 
— to  the  reputation  of  the  applicants  as  good  citizens,  free  from  the 
reproach  of  crime  or  immoral  conduct.  It  does  not  extend  to  their 
belief,  religious  or  political ;  but  it  may  apply  to  their  manner  of  ex- 
pressing such  belief  or  maintaining  it.  If  that  manner  is,  in  itself, 
boisterous  and  disorderly,  intemperate  and  offensive,  it  may  well  be 
supposed  to  indicate  ungoverned  passions,  or  want  of  sound  princi- 
ples of  conduct,  which  would  render  its  possessor  obnoxious  to  the 
inhabitants  of  the  district,  and  unfit  for  the  sacred  duties  of  a  teacher 
of  youth,  who  should  instruct  as  well  b)  example  as  by  precept. 

Second. — As  to  the  learning  of  the  applicants.  It  should  appear 
from  their  examination  that  they  are  good  spellers,  distinct  and  accu- 
rate readers,  write  good  and  plain  hands,  can  make  pens  and  are  well 
versed 

1st.  In  the  definition  of  words: 

2d.  In  arithmetic,  at  least  as  far  as  the  double  rule  of  three: 

3d.  In  geography,  as  far  as  contained  in  any  of  the  works  in  or- 
dinary use: 


TOWN  SUPERINTENDENTS.  187 

4th.  In  the  history  of  the  United  States,  of  Englaud,  and  of  Eu- 
rope generally: 

t 

5th.  In  the  principles  of  English  grammar:  and, 

6th.  In  the  use  of  globes. 

If  they  are  found  well  acquainted  with  the  other  branches,  a  more 
slight  knowledge  of  the  4th  and  6th  heads,  as  above  enumerated, 
may  be  excused. 

Third. — The  ability  of  the  applicants  to  teach.  Mere  learning, 
without  the  capacity  to  impart  it,  would  be  of  no  use.  The  superin- 
tendents should  satisfy  themselves  by  general  inquiries,  and  particularly 
by  a  thorough  examination  of  the  applicants  respectively,  of  their 
qualifications  in  this  respect,  of  their  tact  in  dealing  with  children,  and 
especially  of  their  possessing  the  unwearied  patience,  and  invariable 
good  nature,  so  necessary  to  constitute  useful  teachers  of  youth. 

Having  satisfied  themselves  on  these  several  points,  the  town  su- 
perintendents will  grant  certificates  in  the  usual  form. 


V.  Miscellaneous  Duties. 

1.  Town  superintendents  are  not  within  the  class  of  public  officers 
required  by  the  constitution  to  take  the  oath  of  office. 

2.  Upon  filing  their  bonds  and  notices  of  acceptance  as  required  by 
law,  they  are  directed  to  announce  the  fact  to  this  department,  stating 
their  places  of  residence,  and  the  post-office  to   which  communica- 
tions intended  for  them  should  be  addressed.      They  will  also   state 
the  most  practicable  mode   of  transmitting   to   them   any  books  or 
packages. 

3.  The  town  superintendents  should  make  themselves  familiar  with 
the  laws  concerning  common  schools,  the  regulations  of  the  superin- 
tendent, and  his  decisions   and  instructions  in  explanation  of  them, 
which  will  be   furnished  to  each.     They  will  find  this  knowledge 
equally  indispensable  to  the  performance  of  their  own  duties,  and  to 
enable  them  to   impart  the  information  and  furnish  the  advice  for 
which  they  will   be  constantly  solicited,   and   which  is,  indeed,  one 
principal  object  of  their  appointment. 


188  TOWN  SUPERINTENDENTS. 

4.  By  the  tenth  section,  of  the  Act,  chap.  133,  of  the  laws  of 
1843,  the  State  Superintendent  is  authorized,  on  the  recommendation 
of  the  County  Superintendent,  or  on  such  other  evidence  as  he  may 
deem  satisfactory,  to  grant  certificates  of  qualification  of  the  highest 
grade.  This  power  must  of  necessity  be  sparingly  exercised  :  and 
will  be  reserved  as  the  suitable  reward  of  thoroughly  tested  superio- 
rity in  teaching.  The  several  town  superintendents  may  in  their  dis- 
cretion suggest  the  names  and  distinctive  qualifications  of  teachers 
within  their  jurisdictions,  whom  they  are  willing  to  recommend  as 
candidates  for  such  State  certificate  ;  having  particular  reference  to 
ability  and  success  in  the  communication  of  mental  and  moral  in- 
struction, and  of  the  power  of  self-culture  and  the  formation  of  those 
habits  and  principles  best  adapted  to  develop  and  strengthen  the  va- 
rious physical,  intellectual  and  moral  faculties  ;  which  will  be  con- 
sidered by  the  Department. 


UNIFORMITY  OF  TEXT  BOOKS. 

5.  It  is  believed  that  a  more  propitious  period  could  not  be  pre* 
sented  when  an  earnest  and  systematic  effort  should  be  made,  under 
the  auspices  of  the  Town  Superintendents,  to  relieve  our  institutions 
of  elementary  instruction  from  the  serious  embarrassments  resulting 
from  the   diversity  and  constant   change  of  text  books.     The  several 
Town  Superintendents   are  therefore   enjoined  to  avail  themselves  of 
the  earliest  practicable  opportunity  to  cause  an  uniform  series  of  text 
books,  embracing   all   the  elementary  works   ordinarily  used  in   the 
common  schools,  to  be  adopted    in  each   of  the  districts  subject  to 
their  supervision,   under  the  direction   and  with  the  consent  of  the 
Trustees  ;  and  when  so  adopted,  not  to  be   changed  for  the  term  of 
three  years.     Whenever  such  uniformity  can  be  extended  throughout 
all  the  districts  of  the   town,    and  throughout   all  the   towns   of  the 
county,  it  is  very  desirable  that  such  an  extension  should  be  made  ; 
but  from  the  great  diversity  of  vievvsin  relation  to  the  relative  merit 
of  different  works,  the  progress  of  this  extension  must  necessarily  be 
slow.     The  foundations  may,  however,  be  laid   by  the  attainment  of 
uniformity   in   the  respective   districts,  for  an  ultimate   harmony  of 
views  and  concert  of  action  on  a  wider  theatre. 

6.  County  Visiters.     The  authority  to  appoint  these  visiters  given 
by  the  act  of  1839,  (No.  3,)  remains  in  full  force,  and  the  gentlemen 


TOWN  SUPERINTENDENTS.  189 

heretofore  selected  retain  the  powers  conferred  by  their  appointment 
and  the  statute.  The  same  exigency  for  their  services  still  exists, 
yet  they  can  be  eminently  useful  in  awakening  public  attention  and 
concentrating  public  opinion  on  the  subject  of  primary  education,  by 
co-operating  with  the  town  superintendents.  They  are,  therefore,  to 
be  encouraged  and  assisted  in  any  efforts  they  may  make  to  visit  the 
schools  and  improve  their  condition.  The  town  superintendents  will 
find  them  efficient  and  able  auxiliaries. 

A  review  of  the  several  heads  of  these  instructions  will  impress 
the  town  superintendents  with  the  extent,  variety  and  importance  of 
the  duties  they  have  assumed.  They  will  perceive  that  their  sta- 
tions will  not  be  sinecures  ;  and  that  upon  the  faithful  and  consci- 
entious discharge  of  their  obligations  will  depend  the  success  or  fai- 
lure of  our  system  of  common  school  instruction. 

It  can  scarcely  be  necessary  to  say  that  they  are  invited  to  com- 
municate freely  with  this  department  ;  and  that  all  the  aid  in  its 
power  will  be  cheerfully  rendered  to  facilitate  the  performance  of 
duties,  to  which  the  hopes  and  expectations  of  the  friends  of  educa- 
tion are  so  anxiously  directed,  and  from  which  good  may  yet  result 
to  the  people  of  this  State. 

N.  S.  BENTON, 
Superintendent  Common  Schools. 

Albany,  Dec.  24,  1847. 


INDEX  TO  INSTRUCTIONS. 


INDEX     :;- 

TO 

FORMS,  REGULATIONS  AND  INSTRUCTIONS. 
In  this  Index,  the  figures  refer  to  the  page. 


Account  Books. 

Page. 

1.  To  be  provided  by  trustees  of  school  districts;  what  to  con- 
tain; mode  of  entries  in,  and  form  of  certificate,. ....    116 

Administrators. 
See  Executors  and  Administrators. 

Alterations  in  School  Districts. 
See  town  superintendents  of  Common  Schools,  80,  85. 

Annual  and  Special  Meetings. 

1.  Duties  and  powers  of  trustees  in  the  calling  of, 117 

2.  When  and  for  what  purposes  they  may  be  called, 117 

3.  How  and  by  whom  to  be  notified, 155 

4.  When  time  for  annual  meeting  has  passed  by  without  such 

meeting  being  held,  district  clerk  to  notify  special  meet- 
ing for  election  of  officers, 155 

5.  Proceedings  of,  not  vitiated  by  defect  in  notice,  in  the  ab- 

sence of  fraud, 155 

6.  Form  of  notices  for^ 156 

7.  Powers  and  duties  of  inhabitants  of  districts  when  assem- 

bled in, 95  to  100 

8.  Mode  of  proceeding, 100,  101 

9.  Mode  of  keeping  minutes  and  records  of  proceedings;  form 

of, 102 

10.  Qualifications  of  voters  at, 102 

11.  Reconsideration  of  proceedings, 103 

13 


194  INDEX  TO  INSTRUCTIONS. 

Annual  Reports. 

Page. 

1.  Of  town  superintendents,  what  to  contain;  form  of,...   92,  93 

2.  Of  trustees  of  districts,  when  to  be  made,  and  what  to  con- 
tain,      139,  140,  141 

3.  Of  county  clerks,  when  to  be  made,  and  what  to  contain,     76 

Apparatus. 

1.  Inhabitants  of  districts  authorized  to   levy  tax  for  maps, 

globes,  black  boards  and  other  school  apparatus, . . .  96,  97 

Appeals  to  Superintendent. 

1.  Cases  in  which  the  courts  will  not  entertain  jurisdiction  of 

complaints  of  erroneous  proceedings  under  the  school 
laws, 172 

2.  Cases  in  which  appeals  may  be  made, 173,  174 

3.  By  whom, 175 

4.  Form  and  manner  of  proceeding, 175,  176,  177 

Apportionment  of  Public  Money. 

1.  County  clerk  to  forward  certified  copies  of  notice  of,  from 

superintendent,  to  county  treasurer  and  clerk  of  board 

of  supervisors, , 76 

2.  When  and  on  what  vouchers  to  be  paid  to  county  treasu- 

rers,       77 

3.  Notice  of  amount  received  for  respective  towns  to  be  giv- 

en by  county  treasurer  to  commissioners  of  common 
schools  of  the  several  towns, 77 

4.  Proportions  of  teachers'  and  library  moneys  to  be  designa- 

ted by  county  treasurers  in  making  their  payments  to 
town  superintendents,  and  separately  apportioned  by 
town  superintendents, . 78,  87 

5.  Proceedings  of  town  superintendents  in  the  receipt  and  ap- 

portionment of  public  money, 87,  88 

6.  When  to  be  made, 87 

7.  Separate  accounts  to  be  kept  of  the  amount  raised  by  vote 

of  town;  how  to  be  apportioned  and  applied, 86 

8.  Funds  received  from  overseers  of  the  poor,  how  to  be  ap- 

portioned and  appliedj . 86 

9.  Funds  received  from  gospel  and  school  lots, 87 

10.  To  colored  schools,  how  to  be  made, 88 

, 
Assessment  of  taxes. 

1 .  Proceedings  of  trustees  in  relation  to, 1 17  to  128 

2.  Tax  list,  when  to  be  made  out, 118 


INDEX  TO  INSTRUCTIONS.  195 

Page. 

3.  Errors  in,  and  in  rate  bills,  how  corrected, ........  118a  119 

4.  How  and  upon  whom  to  be  assessed,  and  for  what  purpose    119 

to  121 

5.  Non-residents,  in  what  cases,  and  to  what  extent  taxable,    121 

6.  Land  belonging  to  corporations,  when,  to  what  extent, 

and  where  taxable, 121 

7.  Proceedings  in  relation  to  unoccupied    and    unimproved 

non-resident  lands, » 121  to  124 

8.  Valuations  of  property,  how  ascertained,  and  mode  of  pro- 

ceeding when  reduction  is  claimed, 124,  125 

9.  What  to  be  deemed  last  assessment  roll  of  town,.. . .  124,  125 

10.  Exemption  of  certain  persons  from  tax  for  building  school 

house, 126 

11.  When  and  in  what  cases  taxes  may  be  assessed  by  trustees 

on  inhabitants  of  districts,  without  being  specifically  vo- 
ted,    126 

it 
Assessment  Roll  of  Town. 

1.  Valuation  of  property  in  the  assessment  of  school  district 

taxes,  to  be  ascertained  from, 124 

2.  What  to  be  deemed  the  last  assessment  roll, 124,  125 

3.  Proceedings  when  valuation  cannot  be  ascertained  from,. .   125 


B. 

Black  Boards. 

1.  Inhabitants  of  district  authorised  to  levy  tax  for  purchase 

of 96,97 

Blank  Books. 

See  Account  Books — See  District  Clerk,  1 — Records. 

.  * 

Board. 
See  Teachers,  7. 

Boards  of  Supervisors. 

1.  Mode  of  proceeding  of,  in  raising  amount  equal  to  appor- 

tionment from  school  fund;  form  of  resolution  for,  ...     73 

2.  Mode  of  proceeding  in  raising  additional  amount  voted  by 

any  town, 74 

3.  To  cause  amount  of  unpaid  taxes  on   certain  non-resident 

land  to  be  levied  thereon, , 74 


L96  INDEX  TO.  INSTRUCTIONS. 

Page. 

4.  Copies  of  resolutions  and  proceedings  of,  respecting  the 
raising  of  money  for  school  or  library  purposes,  and  for 
the  appointment  of  deputy  superintendents,  to  be  trans- 
mitted to  superintendent, 74 

See  Clerks  of  Board  of  Supervisors — Supervisors  of  Towns. 

Books. 
See  District  Library. 

c. 

. 

Catalogues. 
See  District  Library,  12,  13,  14,  18,  19,  20  21. 

Clerks  of  Boards  of  Supervisors. 

1.  To  transmit  to  superintendent  copies  of  resolutions  and 

proceedings  of  supervisors  respecting  the  raising  of  mo- 
ney for  school  or  library  purposes,  and  for  the  appoint- 
ment of  deputy  superintendent, 74 

2.  Duty  of  county  clerk  to  transmit  certified  copy  of  notice 

of  apportionment  of  school  moneys  from  superintend- 
ent, to, 76 

Clerks  of  School  Districts. 
See  District  Clerks. 

Collectors. 
See  Town  Collector — District  Collector. 

Colored  Children. 

1.  Provision  for  establishment  of  schools  for,  by  trustees  of 

district, ,  ... 148 

2.  Town  superintendents  to  apportion  share  of  public  money 

to  trustees  of  schools, 88 

Corporations. 
1.  Taxable  for  school  district  purposes,. 121 

County  Clerks. 

1.  To  transmit  certified  copy  of  notice  of  apportionment  of 
school  moneys  from  superintendent  to  county  treasurer 
and  clerk  of  board  of  supervisors;  importance  of  prompt 
performance  of  this  duty, 76 


INDEX  TO  INSTRUCTIONS.  197 

^^_  Page. 

2.  Annual  reports  required  from,  how  to  be  made, 76 

3.  Duty  of,  to  notify  town  clerks  of  neglect  of  town  superin- 

tendents, to  make  and  file  reports 76 

County  Treasurer. 

1.  Duty  of  county  clerk  to  transmit  certified  copy  of  notice 

of  apportionment  of  school  money  from  superintendent 
to, 77 

2.  When   to   apply  to   comptroller   and   state   treasurer  for 

school  moneys, 77 

3.  Form  of  draft  on  state  treasurer, 77 

4.  Form  of  certificate  of  clerk  of  board  of  supervisors,  to  be 

annexed,  .... 77 

5.  Endorsements  of  draft,  when  not  presented  by  the  person 

to  whom  made  payable, 77 

6.  On  receipt  of  money  to  give  notice  to  town  superintendents 

of  the  several  towns  in  their  county,  of  the  amount  ap- 
portioned to  such  towns, 78 

7.  In  making  their  payments  to  town  superintendents,  to  de- 

signate the  respective  proportions  of  teachers'  and  libra- 
ry moneys, 78 

8.  On  receiving  from  trustees  of  districts  an  account,  affidavit 

and  certificate  of  unpaid  taxes  on  certain  non-resident 
lands,  to  pay  amount  so  returned  out  of  any  moneys 
raised  for  contingent  expenses;  and  to  lay  such  account, 
affidavit  and  certificate  before  board  of  supervisors,.  ..  78 

9.  Authorized  to  receive  amount  due  from  person  liable  to 

pay,  at  any  time  before  such  amount  is  levied  by  board 

of  supervisors, 78 

10.  Comptroller  to  refund  amount  advanced  if  not  collected,     78 

County  Visitors. 
See  Visitors. 


D. 

Debating  Societies. 

I.  School-house  may  be  used  by,  when  not  wanted  for  district 

purposes,  under  certain  restrictions, 129 

District  Clerks. 

1.  Blank  book  for  recording  proceedings  of  district  to  be  fur- 

nished by  trustees  for,  .  < 155 

2.  General  duties  of, 155,  156,  157 


198  INDEX  TO  INSTRUCTIONS. 


3.  To  notify  special  meeting  for  election  of  officers,  when  the 

time  for  holding  the  annual  meeting  has  passed  over,.  .    155 

4.  Notices  how  to  be  served  by,  and  what  to  contain,  ......    155 

5.  Form  of  notice  for  annual  meeting,  ..................    156 

6.  Form  of  notice  for  adjourned  meeting,  ................    156 

7.  Form  of  notice  for  special  meeting,  .............  .  .....    156 

8.  To  forward  to  town  clerk,  within  ten  days  after  any  an- 

nual or  special  meeting  for   the  election  of  officers,  the 
names  of  such  officers,  ...............  .  ...........    157 

9.  To  receive,  preserve,  and  cause  to  be  bound,  the  District 

School  Journal;  postage  by  whom  to  be  paid  and  how 
refunded,   ....................................    157 

10.  Penalties  for  neglect  of  duty  by,  ....................    157 

11.  Mode  and  form  of  keeping  minutes  and  records  of  proceed- 

ings of  district  meetings,  ............  ....  .........    157 

District   Collector. 

1.  When  and  to  what  extent  protected  by  his  warrrant,  ....    145 

2.  Bond  to  be  given  by,  when  required  by  trustees;  form  of; 

office  vacated  by  refusal  to  execute,  and  another  to  be 
appointed,  ................................    149,  150 

3.  General  duties  of,  ...........  .  ................  „  .  .  .    158 

4.  Jurisdiction  of,  .  .......  .  ...........................    158 

5.  Mode  of  proceeding  in  the  collection  of  taxes  and  rate 

bills,  ...............  .  .........................    122 

6.  What  property  liable  to  be  taken  on  warrants  of,.  .,   122,  158 

7.  Forfeitures  and  penalties  against,  for  neglect  of  duty,....    159 

District  Library. 

1.  Inhabitants  of  district  authorized  to  levy  tax  for  purchase 

of,  and  case;  to  direct  selection  of  books  and  appoint  a 
librarian,    ...............................  .  ....    159 

2.  When  books  for,  to  be  selected  by  trustees,  ..........  .  .    160 

3.  General  direction  for  purchase  of,  may  be  given  by  inhabi- 

tants to  trustees,   ...  .    .........  ,  ................    159 

4.  When  joint  library  may  be  purchased  for  two  or  more  dis- 

tricts, with  approbation  of  superintendent,  .........  .    167 

5.  When  superintendent  may  select  and  forward  to  county 

clerk  for  use  of  district,  ..........................     98 

6.  Inhabitants  not  authorized  to  sell  or  exchange  books  be- 

longing to,  ..........  .  .........................    160 

7.  Regulations  No.  1,  for  government  of  officers  of  school 

districts  having  charge  of,  ..................    161  to  168 

8.  Selection  of  books,  ................................    161 

•9.  To  be  in  charge  of  librarian  to  be  chosen  at  annual  meet- 

ing, .......................  ...  ..  ..............    163 


INDEX  TO  INSTRUCTIONS.  199 

Page. 

10.  Trustees  of  districts  to  be  trustees  of, .  . , 163 

11.  Duty  of  librarian  and  trustees, 163,   164,  165 

12.  Librarian  to  make  catalogue  and  sign  receipt;  form  of,  163,  164 

13.  Trustees  to  annex  certificate, 164 

14.  When  books  to  be  called  in,  examined  and  compared  with 

catalogue, 164 

15.  When  trustees  to  provide  case, 165 

16.  Trustees  to  affix  labels  to  books, 165 

17.  Books  to  be  kept  by  librarian,  what  to  contain,  and  forms 

of  entries  in, 165,  166 

18.  Librarian  to  keep  copy  of  catalogue, ,  ....    166 

19.  Trustees  to  deliver  catalogue  to  town  superintendents  with 

their  annual  report, 166 

20.  Town  superintendents  to  preserve  catalogues  and  deliver 

to  successors, 166 

21  In  what  cases  library  money  to  be  withheld  from  districts 

by  town  superintendents, 167,  168 

22.  Town  superintendents  to  retain  such  money,  subject  to  di- 

rection of  superintendent, 167 

23.  Proceedings  when  two  or  more  districts  desire  to  unite 

their  funds  for  the  purchase  of  a  joint  library,..    167,  168 

24.  Penalties  and  forfeitures  for  neglect  of  officers  to  comply 

with  regulations, _ «   168 

25.  Regulations  No.  II.  concerning  the  use  of  books  in,  168,  172 

26.  In  what  cases  and  under  what  restrictions  books  to  be  deli- 

vered,      169 

27.  Who  to  be  regarded  as  inhabitants  for  the  purpose  of  draw- 

ing books, 169 

28.  Duty  of  librarian  in  delivery  of  books, 169 

29.  Books  may  be  retained  twenty  days, i 169 

30.  Time  for  retaining  may  be  extended  by  superintendent,  on 

application  of  trustees, 170 

31.  Librarian  to  report  cases  of  neglect  in  returning  and  injury 

to  books,  to  trustees, 170 

32.  In  what  cases  fines  may  be  imposed  by  trustees;  amount 

of  such  fines,. 170 

33.  Value  of  book  lost  or  destroyed,  may  be   recovered  by 

trustees,    171 

34.  Librarian  may  refuse  to  deliver  books  until  fines  are  paid,  171 

35.  Notice  to  be  given  by  trustees  previous  to  the  imposition 

of  fine;  what  excuses  may  be  received;  and  discretion- 
ary power  of  trustees  in  the  imposition  of  such  fines,  ••    171 

36.  Trustees  to  meet  and  hear  excuses,  and  to  enter  fines  in  a 

book  to  be  kept  for  that  purpose, 171,  172 

37.  Trustees  to  prosecute  promptly  for  the  collection  of  fines,   172 

38.  Amount  collected,  how  applied,.. ., 172 


200  INDEX  TO  INSTRUCTIONS. 


39.  Printed  copy  of  regulations  to  be  affixed  to  case;  and  at- 
tention of  borrowers  to  be  called  to  such  regulations  by 
librarian,  ......................................  172 

District  School  Journal. 

1.  To  be  forwarded  to  the  clerk  of  each  district,  to  be  by  him 
•    bound  and  preserved;  postage  on,   how  to  be  raised  by 
the  district,  ....................................    157 


E. 

Errors  and  Omissions. 

1.  When  trustees  of  districts  may   correct  errors  in  tax  lists 

and  rate  bills,  and  refund  amounts  improperly  collected,  118 

Executors  and  Administrators. 

1.  'When  and  to  what  extent  taxable  for  school  district  purpo- 
ses, ............................................    120 

Exemptions. 

1.  Of  certain  persons  from  tax  for  building  school  house,  ....    126 

2.  Of  indigent  persons  wholly  or  in  part  from  rate  bill  far 

teachers'  wages,  and   amount  of  such  exemption  to  be 
raised  by  tax  on  district,  .....................  133,  136 


F. 

Fines. 

1.  In  what  cases  to  be  imposed  by  trustees  of  district  library; 
amount  of;  what  excuses  may  be  received;  and  discre- 
tionary power  of  trustees  in  the  imposition  of, ....  170,  171 
See  District  Library,  32  to  39. 

Forfeitures. 
See  Penalties  and  Forfeitures. 

Formation  or  alteration  of  School  Districts. 

•/ 

See  Town  Superintendents  of  Common  Schools,  5, 


INDEX  TO  INSTRUCTIONS.    *  201 

1 

• 

Forms. 

Page. 

1.  Of  resolutions    of  boards  of  supervisors   for  raising  an 

amount  of  money  on  their  respective  counties,  equal  to 
that  received  from  the  state  for  school  and  library  pur- 
poses; and  also  for  such  additional  amounts  as  may  be 
required  by  law  or  voted  by  towns, 73,  74 

2.  Of  draft  of  county  treasurer  on  state  treasurer,  for  amount 

of  school  money  apportioned  to  county,  and  of  a  certifi- 
cate of  clerk  of  board  of  supervisors  to  be  annexed,  .  •  77 

3.  Of  resolution  of  town  superintendents,  creating  a  new  dis- 

trict,        80,81 

4.  Of  consent  of  trustees  to  any  alteration  in  their  district,  .     81 

5.  Of  notice  to,  by  town  superintendents,  when  such  consent 

is  withheld, 81 

6.  Of  notice  of  the  first  meeting  in  a  district  to  organize, ....     82 

7.  Of  resolution  of  the  town  superintendents,  for  the  altera- 

tion of  a  district, ., 84 

8.  Of  certificate  of  qualification  to  be  given  by  inspectors,..     91 

9.  Of  instrument  annulling  certificate, •      91 

10.  Of  certificates  to  be  entered  in  account  books  provided  by 

trustees  of  districts, , 116 

11.  Of  tax  list  of  collection  of  district   taxes 126 

12.  Of  statement  and  description  of  unoccupied   and    unim- 

proved non-resident  lands  upon  which  taxes  have  been 
imposed, 127 

13.  Of  warrant  for  collection  of  district  taxes, 127 

14.  Of  renewal   by  trustees, 128 

15.  Of  assessments  by  trustees  in  making  out  rate  bills  against 

inhabitants  sending  to  school, 136 

16.  Of  certificates  of  exemption  from  payment  of  rate  bill 

wholly  or  in  part, 136 

17.  Of  rate  bill  and  warrant, 137 

18.  Of  bond  to  be  given  by  district  collector,  when  required 

by  trustees, 149,  150 

19.  Of  teachers' lists;  daily  and  weekly  rolls;  abstract  of  at- 

tendance of  scholars;  accounts  of  inspections,  and  visi- 
tations and  verifications  of,. 152,  153 

20.  Of  notices  for  annual,  adjourned  and  special  meetings,.* .    156 

21.  Of  lists  of  voters,  with  ayes  and  nays, 101 

22.  Of  minutes  to  be  kept  by  district  clerk  of  proceedings  of 

district  meetings, 101,   102 

23.  Of  resolution  for  raising  a  tax  for  erection  of  school- 

house, t 108 

24.  Of  resolution  for  purchase  of  site, 108 

25.  Of  receipt  to  be  signed  by  librarian  on  taking  charge  of 

district  library, • 163 


202  INDEX  TO  INSTRUCTIONS. 

Page, 

26.  Of  certificate  of  trustees  thereon, 164 

27.  Of  entries  in  librarian's  book, 166 

Fuel. 

1.  Modes  of  providing  for  use  of  school, 130 

2.  In  what  state  to  be  delivered, 131 

, 

G. 

Globts. 

1.  Inhabitants  of  school  districts  authorized  to  levy  tax  for 

purchase  of, 96,  97 

Gospel  and  School  Fund. 
1.  Application  of,  by  trustees  of  school  districts, 115 


i. 

Indigent  Persons. 

1    Exemption  of,  wholly  or  in  part,  from  payment  of  rate 

bills, 134,135 

2.  Form  of  certificate  of, 136 

3.  Amount  of,  to  be  raised  by  tax  on  districts, 134,  138 

4.  Principles  by  which  trustees  should  be  governed  in  mak- 

ing,      135 

Inhabitants  of  School  Districts. 
See  Annual  and  Special  Meetings. 

1.  Powers  and  duties  of,  when  assembled  in  district  meet- 

ing,    95  to  108 

2.  Mode  of  proceeding, 100 

3.  Who  to  be  regarded  as,  for  the  purpose  of  drawing  books 

from  district  library,   169 


Inspections. 

1  Account  of,  how  to  be  kept  by  teachers, 152  to  154 

See  Inspectors. 
Town  Superintendents  as  Inspectors  of  Common  Schools 

\.  Duties  of,  in  the  inspection  of  common  schools  and  licen- 
sing of  teachers, , 90,  91,  177  to  182 


INDEX  TO  INSTRUCTIONS.  •       203 

Page. 

2.  Present  provisions  of  law  respecting  licensing  of  teachers,     90 

3.  Form  of  certificate  to  teacher  by, 91 

4.  How,  and  on  what  notice,  such  certificate  may  be  annul- 

,  led, ; 91 

5.  Form  of  instrument  annulling"  certificate, 91 

6.  Duplicate  to  be  signed  and  filed  in  town  clerk's  office,  91,  92 


J. 

Joint  Districts. 

1.  Proceedings  of  town  superintendents  in  the  formation  or 

alteration  of, 85 

2.  When  special  meeting  of  inhabitants  of  may  be  called  by 

town  superintendents,  and  powers  of  such  meeting,.  ..     85 


L. 

Lectures. 

1.  School -house  may  be  used  for  delivery  of,  under  certain  re- 
strictions and  regulations, 129 

Library 
See  District  Library. 

Librarian. 

1.  When  and  by  whom  appointed, , 159 

2.  Duties  and  powers  of, 161  to  168 

See  District  Library. 

Library  Money. 

1.  To  be  separately"  designated  by  county  treasurer  and  ap- 

portioned by  town  superintendents, 77,  78 

2.  How  to  be  applied  by  trustees, 160 

3.  To  be  apportioned  by  town  superintendents,  independent- 

ly of  teachers'  money, 88 

4.  When  application   may  be  made  for  to  superintendent  by 

trustees,  when  withheld  by  town  superintendents,  150,   151 

5.  When  two  or  more  districts  may  unite,  with  approbation 

of  superintendent,  for  purchase  of  joint  library;  pro- 
ceedings in  such  case, 167,  168 

6.  In  what  cases  town  superintendents  may  withhold   from 

districts, 167 


204  INDEX  TO  INSTRUCTIONS. 

M. 

t 

Maps. 

Page. 

1.  Inhabitants  of  school  districts  authorized  to  levy  tax  for 

purchase  of, 96,  97 

Meetings. 

See  Annual  Meeting — Special  Meeting — Inhabitants  of  School  Dis- 
tricts— Religious  Meetings. 

N. 

New  Districts. 
See  Town  Superintendents  of  Common  Schools,  5,  9,  10. 

Non-residents. 

1.  When  and  to  what  extent  taxable  in  school  districts,....    121 

2.  Proceedings  in   relation   to  unoccupied   and   unimproved 

lands  of, '. 121,  122,  123 

3.  Form  of  statement  and  description  of  by  trustees  in  tax 

list, 127 


O. 

Officers  of  School  Districts. 

See  District  Clerk  —  District  Collector  —  Librarian  —  Trustees  of 
School  Districts. 

1.  Names  of,  directed  to  be  forwarded  by  district  clerk  to 

town  clerk,  within  ten  days  after  election  of,  .......    157 

2.  How  to  be  chosen,  ................................    100 

Organization  of  School  Districts. 
See  Town  Superintendents  of  Common  Schools,  5,  9,  10. 


p. 

Penalties  and  Forfeitures. 
1.  Duty  of  town  superintendents  in  relation  to  the  prosecu- 

tion and  collection  of,  ...........................     89 


INDEX  TO  INSTRUCTIONS.  205 

Page. 

2.  Enumeration  of,  and  application  of  moneys  so  collected,.     89 

3.  Town  superintendents  required  to  report  respecting, 90 

4.  Liabilities  of  town  superintendents  of  common  schools,..     94 

5.  Forfeitures  by  trustees  for  refusal  to  serve,  and  for  neglect 

of  duty, 109 

6.  Against  trustees  for  neglect  or  refusal  to  account  or  pay 

over  balances, 143 

7.  By  clerks  of  school  districts  for  neglect  of  duty, , .......    157 

8.  By  collectors  of  school  districts  for  neglect  of  duty, 158 

9.  For  refusal  or  neglect  of  town  superintendents  and  officers 

of.  school  districts  to  comply  with  regulations  of  super- 
intendent, relative  to  district  library, , 168 

Postage. 

1.  On  District  School  Journal,  by  whom  to  be  paid,  and  how 

levied  on  the  district, 157 

Property  of  School  Districts. 
See  Public  or  School  Money. 

1.  To  be  entered  by  trustees  in  account  book  to  be  provided 

for  use  of  districts;  mode  of  entry  and  form  of  certifi- 
cate,     116 

2.  Proceedings  of  town  superintendents  on  the  formation  of 

a  new  district  from  one  or  more  districts  possessed  of  a 
school-house  or  other  property, 82,  83 

3.  Proceedings  on  the  sale  of  property  belonging  to  dissolved 

districts, 83,  84 

4.  Application  by  trustees  of  new  district  of  amount  receiv- 

ed,     83,  84 

Public  or  School  Money. 
See  Apportionment  of  Public  Money. 

1.  How  apportioned  by  the  superintendent  on   the  formation 

of  a  new  district, 82,  83 

2.  Library  money,  how  to  be  applied  by  trustees, 88 

3.  Amount  which  may  be  raised  by  inhabitants  of  towns  at 

town  meetings;  and  application  of, 86 


R. 

Religious  Meetings. 

1.  Instructions  relative  to  holding  in  school  house,  when  not 

wanted  for  district  purposes, 129 


206  INDEX  TO  INSTRUCTIONS. 

-Records. 

Page. 

1.  Inhabitants  of  school  districts  authorised  to  levy  a  tax  for 

purchase  of  books  for, 95 

2.  Mode  of  keeping,  and  forms, 116 

Rate  Bills. 

1.  Proceedings  of  trustees  in  making  out,   ,   133  to  138 

2.  Exemption  of  indigent  persons, 133,  134 

3.  Form  of  assessment  on  individuals  sending  to  school, ....    136 

4.  Form  of  certificate  of  exemption, 136 

5.  Form  of  rate  bill  and  warrant, 137 

6.  Amount  of  exemptions  to  be  collected  by  tax, 1 35 ,  138 

7.  Errors  in,  how  corrected,  and  amounts  improperly  collec- 

ted, refunded, 118,  119 

s. 

School  Districts. 

See  Joint  Districts. 

1.  Proceedings  of  the  town  superintendents,  in  the  formation 

or  alteration  of, 85 

2.  Organization  of, 85 

3.  Sale  and  apportionment  of  property  of,  on  formation   of 

new  districts, 82,  83,  84 

4.  Sale  of  property  of  dissolved  district, 83,  84 

School  House. 

1.  Certain  persons  to  be  exempted  from  tax  for  building,  .  •  •    126 
'2.  Duties  and  powers  of  town  superintendents  and  trustees, 
relative  to  the  sale  and  apportionment  of  value  of,  on 
the  formation  of  new  districts,  and  application  of  avails 
of, 82,83,  129,  130 

3.  Duties  and  powers  of  trustees  in  the  purchase,   custody, 

sale  and  repairs  of,  and  in  furnishing  with  necessary 
fuel  and  appendages, 128,  129,  130 

4.  Occupation   of  for  religious  meetings,  and  for  other  than 

district  purposes,  how  regulated  and  controlled, 129 

5.  Proceedings  of  trustees  in  sale  of, * 129 

6.  Quality  and  condition  of  fuel  to  be  provided  for, 130 

7.  When  sites  for  two  or  more  may  be  designated  by  inhabi- 

tants, with  the  consent  of  town  superintendents,  and  a 
tax  levied  for  the  purchase  or  lease  thereof,  and  for  the 
purchase,  hiring  or  building  of  school  house,  and  keep- 
ing in  repair  and  furnishing  the  same  with  necessary 
fuel  and  appendages, 95,  96 


INDEX  TO  INSTRUCTIONS.  207 

Page. 

8.  Tax  for  building  can  not  exceed  $400,  unless  (including  the 

avails  of  sale  of  old  school  house,)  certificate  of  town 
superintendent,  that  a  larger  amount  is  necessary,  107,  108 

9.  When  inhabitants  may  direct  sale  of, 97 

10.  Proceedings  of  inhabitants  in  building,  hiring,  purchasing 
and  repairing,  how  to  be  conducted, 106,  107 

11.  Form  of  resolution  for  raising  a  tax  for  erection  of,.  107,  108 

12.  Tax  for  building  may  be  collected,  but  cannot  be  expend- 

ed until  legal  title  to  site  is  procured, ......    108 

Site  of  School  House. 
See  Property  of  School  Districts. 

1.  Duties  and  powers  of  town  superintendents  and  trustees  in 

the  sale  and  apportionment  of,  on  the  formation  of  new 
districts, 82,  83,  84 

2.  Duties  and  powers  of  trustees,  in  relation  to  the  purchase, 

custody  and  sale  of, 128,  129,  130 

3.  When  inhabitants  may  designate  two  or  more,  with  con- 

sent of  town  superintendents,  and  levy  tax  for  purchase 

or  lease  of,  (fee., 95,  96 

4.  When  inhabitants  may  direct  sale  of, 97 

5.  Should  be  designated  with  distinctness  and  precision,...,    104 

6.  In  what  cases  the  consent  of  town  superintendents,  and  a 

vote  of  two-thirds,  by  ayes  and  nays,  is  necessary  to 
change  of, 105,  106 

7.  Form  of  resolution  for  purchase  of, 108 

8.  Tax  for  purchase  of,  may  be  collected,  but  cannot  be  ex- 

pended until  legal  title  is  procured, 108 

Special  Meetings. 
See  Annual  and  Special  Meetings. 

State  Treasurer. 

1.  Forms  of  draft  on,  and  certificate  of  board  of  supervisors 
annexed,  for  amount  of  school  money  apportioned  to 
the  several  counties;  endorsements  of,  &c., 77 

Suits. 

1.  By  and  against  trustees,  in  what  cases  to  be   brought,  and 

general  principles  applicable  to, 143  to  148 

Sunday  Schools. 

1.  May  be  held  in  school  house  under  certain  restrictions  and 

regulations, . 129 


208  INDEX  TO  INSTRUCTIONS. 

* 

Superintendent. 

Page. 

1.  Errors  and  omissions  in  tax  lists  or  rate  bills  may  be  cor- 

rected,  and   amounts   improperly    collected    refunded, 
with  approbation  of, 118,  119 

2.  Warrant  for  collection  of  tax  lists  and  rate  bills  may  be 

renewed  with  like  approbation, 128 

3.  When  and  in  what  cases  application  may  be  made  to,  by 

trustees,  for  public  money  withheld  by  town  superinten- 
dents,   150,  151 

4 .  When  joint  library,  for  two  or  more  districts,  may  be  pur- 

chased with  approbation  of, 167,  168 

5.  When  library  may  be  selected  by  and  forwarded  to  county 

clerk  for  use  of  districts, 98 

6.  Appeals  to,  regulations  concerning, 172  to  177 

Supervisors  of  Towns. 

I.  To  collect  penalties  imposed  upon  town  superintendents  of 
common  schools  and  officers  of  school  districts,  for  refu- 
sal or  neglect  to  perform  certain  duties'  importance  of 
a  faithful  discharge  of  this  duty, 75,  76 


T. 

Taxes. 
See  Assessment  of  Taxes— Trustees,  23  to  31— Tax  List. 

1.  Exemption  from  of  certain  persons,  for  building  school 

house, * 126 

2.  When  and  in  what  cases  to  be  imposed  by  trustees,  with- 

out being  specifically  voted, 126 

3.  Amount  of  exemptions  of  indigent  persons  to  be  raised  by,  134 

138 

4.  Must  be  specifically  voteds 104 

5.  For  building  school  houses  cannot  exceed  $400,  unless  cer- 

tificate of  town  superintendent  that  a  larger  sum  is  ne- 
cessary, be  first  procured, 107,  108 

6.  Cannot  be  expended  for  purchase  of  school  house  or  site, 

until  legal  title  is  obtained,' 108 

7.  Deficiencies  in  collection  of,  how  raised, 108 

Tax  List. 

See  Assessment  of  Taxes. 
1.  When  to  be  made  out  by  trustees, 1 18 


INDEX  TO  INSTRUCTIONS.  209 

Page. 

2.  Errors  in,  how  corrected,  &c.,.  , 118 

3.  Form  of, 126,  127,  128 

Teachers. 

1.  Present  provisions  of  law  respecting  licensing  of,  90,  91,  152 

153 

2.  Form  of  certificate  of  qualification  to  be  granted  by  inspec- 

tors,       91 

3.  How,  and  on  what  notice  such  certificate  may  be  annulled,     91 

92 

4.  Form  of  instrument  annulling  certificate, 91 

5.  Duties  and  powers  of  trustees  in  the  employment  and  pay- 

ment of,  and  in  making  out  and  collecting  rate  bills,  131, 138 

6.  Contracts  with,  how  to  be  made, 131,  132 

7.  Arrangements  for  board  of,  how  to  be  made, , 132 

8.  Mode  of  paying, 133  to  135 

9.  Rate  bills,  how  made  out, 136,  137 

10.  To  give  notice  to  trustees  of  payments  made  to,  for  tuition  138 

11.  Instruction  to,  relative  to  keeping  of  lists  of  attendance  of 

scholars,  and  of  visitations  and  inspections  of  schools; 
and  forms  of  such  lists,  of  day  or  check  rolls,  of  week- 
ly rolls,  abstracts  of  attendance  of  scholars,  and  of  ac- 
count of  inspections,  how  verified, 152  to  154 

12.  Duties  of  town  superintendents  in  relation  to  examination, 

licensing  and  annulling  of  certificates  of, 90,  91 

13.  Qualifications  required  of, 91 

14.  Form  of  certificate  to  be  granted  by  town  superintendents 

to, 91 

15.  Form  of  instrument  annulling  certificate  of, 91 

Teachers'  List. 
See  Teachers,  11. 

Teachers'  Money. 

1.  To  be  separately  designated  by  county  treasurer  and  appor- 

tioned by  town  superintendents, 78,  86,  87 

2.  To  be  apportioned  independently  of  library  money, ,..,..      87 

3.  Application  of,  by  trustees, 87,  88,  97,  98 

4.  Division  of,  by  trustees  into  portions,  when  authorised  by 

vote  of  district, 99 

5.  Power  of  trustees  over  application   and  expenditure  of, 

when  no  directions  have  been  given  by  district, 115 

6.  Need  not  be  paid  exclusively  for  services  rendered  during 

the  year  when  received, 1 15 

7.  When  applications  may  be  made  to   superintendent  for, 

"when  withheld  by  town  superintendents, 150,  151 

14 


210  INDEX  TO  INSTRUCTIONS. 

j 

Towns. 

Page* 

1.  Amount  of  school  money  which  may  be  raised  by  inhabi- 
tants of,  at  town  meetings;  and  application  of, 86 

Town  Clerks. 
1 .  General  duties  of, , 76 

Town  Superintendents  of  Common  Schools. 

1.  To  be  notified  by  county  treasurer  of  amount  of  school 

money  apportioned  to  their  town,  on  its  receipt  from 
the  state  treasurer, 78 

2.  Proceedings  and  resolutions  of,  valid,  though  not  record- 

ed,      79 

3.  Importance  of  regular  entry  by  town  cler.k,  of  proceedings 

of, 79 

4.  Form  of  entry  of  proceedings  of, 80 

5.  Proceedings  of,  in  the  formation  or  alteration  of  school 

districts, , - .  80  to  85 

6.  Form  of  resolution  creating  a  new  district, 80 

7.  Form  of  consent  of  trustees  of  altered  district, 81 

8.  Form  of  notice  to  trustees  when  such  consent  is  withheld; 

how  served, , 81 

9.  Notice  of  first  meeting  in  a  district,  when  to  be  given; 

form  of,  and  how  served, 81 

10.  Proceedings  of,  on  the  formation  of  a  new  district  from 

one  or  more  districts  possessed  of  a  school-house  or 
other  property, 84 

11.  Proceedings  of,  in  appraising  property  of  dissolved  dis- 

trict,       83 

12.  Form  of  resolution  for  the  alteration  of  a  district, 84 

13.  Proceedings  of,  in  the  formation  or  alteration  of  joint  dis- 

tricts,      85 

14.  Notice  of  meeting  for  such  purpose  how  to  be  given,  and 

by  whom, 85 

15.  If  all  the  town  superintendents,  duly  notified,  neglect  to 

attend  meeting  for  alteration  of  joint  district,  the  super- 
intendents in  attendance  may  call  special  meeting  of  the 
inhabitants  of  such  district,  who  may  dissolve  the  same,  85 

16.  Resolutions  of,  respecting  joint  districts  to  be  recorded  in 

each  of  the  towns  from  which  such  district  is  composed,     85 

17.  Duties  of,  in  the  receipt  and  apportionment  of  public  mo- 

ney,    85  to  88 

18.  When  to  apply  to  county  tieasurer;  receipt  to  be  given 

by,   85 


INDEX  TO  INSTRUCTIONS.  211 

Page. 

19.  Whole  amount  apportioned  to  be  received  by,  without  de- 

duction,        85 

20.  When  and  how  apportionment  to  be  made, 85,  86 

21.  Distribution  of  teachers'  and  library  money, 87 

22.  To  keep  separate  account  of  moneys  raised  by  vote  of 

town;  how  to  be  apportioned  and  applied, 86 

23.  How  to  apportion  funds  received  from  overseers  of  the 

poor, 86 

24.  How  to  apportion  funds  received  from  gospel  and  school 

lots,    87 

25.  Apportionment  of  teachers'  an,!  library  money,  to  be  made 

independently  of  each  others    87 

26.  Apportionment  of  trustees  of  colored  schools,  how  to  be 

made, 88 

27.  Duties  of,  in  relation  to  the  prosecution  and  collection  of 

penalties  and  forfeitures;  enumeration  of,  and  applica- 
tion of  moneys  so  collected, 89 

28.  To  report  whether  any  penalties  or  forfeitures  have  been 

collected  by  them;  the  amount  and  application, 90 

29.  Duties  of,  as  inspectors  of  common  schools, 90,  91 

30.  Duties  of,  in  respect  to  their  annual  reports;  what  to  con- 

tain,      90,  91 

31.  Liabilities  of, 94 

32.  Remedy  against,  by  trustees,  where  public  money  is  with- 

held by,. 94 

33.  When  application  may  be  made  by  trustees  to  superintend- 

ent, for  public  money  withheld  by, 150,  151 

34.  To  retain  such  money,  subject  to  order  of  superintendent,  151 

35.  Apportionments  by,  cannot  be  paid  over  unless  in  cases 

where  there  has  been  a  strict  compliance  with  the  law,  159 

36.  When  and  in  what  cases  to  withhold  library  money  from 

districts,  and  to  retain  the  same,  subject  to  direction  of 
the  superintendent, 167 

Treasurer. 
See  County  Treasurer — State  Treasurer. 

Trustees  of  School  Districts. 

1.  Form  of  consent  of,  to  any  alteration  of  their  district,.  ..     81 

2.  To  be  given  only  at  a  meeting  of  the  whole,  or  where  all 

have  been  notified  to  attend, 81 

3.  Such   consent  not  required   by  statute  to  be  in  writing, 

though  this  is  advisable, 81 

4.  Form  of  notice  to,  when  consent  is  withheld  to  any  altera- 

tion,       81 


212  INDEX  TO  INSTRUCTIONS. 

Page. 

5.  Such  proportion  how  to  be  applied  by  trustees  of  new  dis- 

trict,       83 

6.  How  to  apply  teachers'  and  library  money  received  by 

them, 114,  115 

7.  Application  of  money  raised  by  vote  of  town, 114,  115 

8.  Application  of  money  received  by  town  superintendents 

from  overseers  of  the  poor, 115 

9.  Application  of  lands  arising  from  gospel  and  school  lots,  115 

10.  Remedy  of,  where  public  money  is  withheld  by  town  su- 

perintendents,       143 

11.  Liability  of,  for  acts  of  each  other, 147 

12.  General  provisions  respecting;  when  and  how  to  be  chosen; 

term  of  office,  and  vacancies  in,  how  created  and  sup- 
plied; forfeiture  for  refusal  to  serve  and  for  neglect  of 
duty, 108,  109 

13.  Resignations  of,  how  to  be  made, 109 

J4.  Town  superintendents  not  eligible  as, 109 

15.  Ineligible  as  clerk, 109 

16.  Duties  of,  relative  to  the  receipt  and  application  of  public 

money, * 114,  115 

17.  When  and  how  to  obtain  public  money  of  town  superin- 

tendents,        113 

18.  Division  of  teachers'  money  by,  into  portions  when  autho- 

rized by  district, 99 

19.  Power  of,  over  expenditure  of  teachers'  money,  when  no 

directions  have  been  given  by  the  district, 115 

20.  Public  money  need  not  be  paid  exclusively  for  services 

rendered  during  the  year, * 115 

21.  Account  books  to  be  provided  by;  what  to  contain;  mode 

of  entries  in,  and  form  0f  certificate, 116 

22.  Duties  and  powers  of,  in  relation  to  the  calling  of  annual 

and  special  meetings, 116,  117 

23.  Duties  and  powers  of,  in  the  assessment  and  collection  of 

district  taxes, 117  to  128 

24.  Tax  list  when  to  be  made  out, 118 

25.  Errors  in,  and  in  rate  bills,  how  corrected,  and  amounts 

improperly  collected  refunded, 118,  119 

26.  How  and  upon  whom  to  be  assessed,  and  for  what  pro- 

perty,     119  to  124 

27.  Non-residents,  in  what  cases  and  to  what  extent  taxable,.   121 

28.  Land  belonging  to  corporations,  when  and  to  what  extent 

taxable,    121 

29.  Proceedings  of,  in   relation   to    unoccupied  non-iesident 

lands, 121  to  124 

30.  Valuations  of  property  how  ascertained,  and  mode  of  pro- 

ceeding when  reduction  is  claimed, 124,  325 

31.  What  to  be  deemed  last  assessment  roll  of  town3 ....  124,  125 


INDEX  TO  INSTRUCTIONS.  213 

Page. 

32.  Exemption  by,  of  certain  persons  from  tax  for  building 

school-house,   . 126 

33.  When,  and  in  what  cases  taxes  may  be  imposed  by,  with- 

out being  specifically  voted  by  the  district, 126 

34.  Application  of  amount  received  as  the  proportion  of  new 

district,  of  the  property  of  the  district  from  which  form- 
ed,    83 

35.  Form  of  tax  list  to  be  made  out  by, 126 

36.  Form  of  statement  and  description  of  unoccupied  and  un- 

improved non-resident  lands,  upon  which  taxes  have 
been  imposed, 127 

37.  Form  of  warrant  for  collection  of  tax  list, 127 

38.  In  what  cases,  and  under  what  authority,  warrants  may  be 

renewed, t 128 

39.  Form  of  renewal, 128 

40.  Duties  of,  in  relation  to  the  purchase,  custody  and  sale 

of  school-houses  and  sites,  the  repair  of  such  houses, 
and  furnishing  them  with  necessary  fuel  and  append- 
ages,   128  to  130 

41.  Instructions  to,  respecting  the  use  of  school-houses  for  oth- 

er than  district  purposes, , * .  .  *  * 129 

42.  Proceedings   of,  in  relation   to  sale  of  school-house  and 

site, 129,  130 

43.  Modes  of  providing  fuel,  end  quality  and  condition  of  such 

fuel, 130,  131 

44.  Duties  and  powers  of,  in  the  employment  and  payment  of 

teachers,  and  in  making  out  and  collecting  rate  bills,  131 

to  138 

45.  Contract^  with  teachers,  how  to  be  made, 131,  132 

46.  Mode  of  paying  teachers, 133,  134 

47.  Mode  of  making  out  rate  bill, 134,  135 

48.  Form  of  assessment  against  individuals  sending  to  school,  136 

49.  Exemption  by,  of  indigent  persons, 134,  135,  136 

50.  Form  of  certificate  of  exemption, 136 

51.  Form  of  rate  bill  and  warrant, ., 137 

52.  Mode  of  collecting  amount  of  exemptions  by  tax  upon  the 

district,  . . . . 135,  138 

53.  Notice  of  amounts  paid  to  teachers  to  be  given  to, ......  138 

54.  Annual  reports  of,  when  to  be  made, 139 

55.  Penalty  for  neglecting  to  make, 139 

56.  Report,  what  to  contain, 140,  141 

57.  Duty  of,  in  accounting   to  their  successors,  paying  over 

balances  and  delivering  papers  1o  them, 141,  142 

58.  Regulations  of  superintendent  relative  to  such  accounting, 

and  statements  to  be  made  thereon, 142 

59.  Suits  by,  in  what  cases  to  be  brought, 143,  144 

60.  Suits  against,  general  principles  concerning, 144  to  148 


214  INDEX  TO  INSTRUCTIONS. 

Page. 

61.  When  costs  not  recoverable  against, 146 

62.  Not  answerable  for  mistakes  of  law,  or   mere  errors  of 

judgment, .  ....  .... , 144,  145 

63.  Liable  for  negligence  or  fraud, . .    145 

64.  And  when  acting  without  jurisdiction, 145 

65.  Mere  irregularities  will  not  subject  to  liability, 144 

66.  Contracts  by,  when  binding, 145 

67.  When  liable,  for  want  of  jurisdiction  in  the  inhabitants  of 

the  district  to  vote  a  tax, • 145 

68.  Not  liable  for  omission  to  insert  the  names  of  all  the  taxa- 

ble inhabitants  in  tax  list,  in  the  absence  of  bad  faith,.    145 

69.  Liable  for  making  out  tax  list  upon  any  other  basis  than 

last  assessment  roll, 145 

70.  Not  authorized  to  issue  warrant  unless  tax  to  be  raised  is 

specifically  voted, .... 145 

71.  Liable  on  contracts  of  predecessors, 146 

72.  Costs  recovered  against,  or  incurred  by,  cannot  be  levied 

by  tax  on  the  district, 146 

73.  When  to  establish  schools  for  colored  children, 148 

74.  When  to  require  bond  from  district  collector;  form  of,. ..  149 

75.  When  and  in  what  cases  application  may  be  made  to  su- 

perintendent for  school  or  library  money,  withheld  by 
town  superintendent, , 150,  151 

76.  To  add  amount  paid  for  postage  on  District  School  Jour- 

nal, to  any  tax  thereafter  to  be  levied, 157 

77.  Duties  and  powers  of,  as  trustees  of  district  library,   163,  164 

165 

See  Colored  Schools — District  Library.  « 


V. 

Valuations. 

1.  How  to  be  ascertained  by  trustees  in  the  assessment  of  taxes  124 

125 

2.  Proceedings  when  valuations  cannot  be  ascertained  from 

last  assessment  roll, 125 

3.  What  to  be  deemed  such  last  assessment  roll, 124 

Visitors  of  Common  Schools. 
1 .  Powers  and  duties  of, 188 

Voters  at  District  Meetings. 
1.  Qualifications  of,  defined, 102,  103 


INDEX  TO  INSTRUCTIONS.  215 

W. 

Warrants. 

Page. 

1.  Form  of,  for  collection  of  district  taxes, 126,  127 

2.  Renewals  of,  when  and  how  to  be  made, 128 

3.  Form  of  renewal, 128 

4.  Form  of,  for  collection  of  rate  bill, .  . . .  6 137 


Ori  page  t6  of  the  Instructions,  2d  paragraph,  under  the  head  "  County  Clerks,*5' 
Slnd  at  the  end  of  the  2d  line?  strike  out  "  commissioner^"  and  insert  "  town  super- 
intendents." 

On  page  158,  at  the  end  of  2d  line,  under  head  "  Mode  of  proceeding  in  the  col- 
lection of  taxes  and  rate  bills,"  strike  out  the  figures  "  82,"  and  insert  "  132,*' 


14  DAY  USE 

TO  DESK  FROM  WHICH  BORROWED 


LOAN  DEPT. 


ow- 


itenewed  booksare  subject  to  immediate  recall. 


:Mi3fi£P 

P|^  fciil  I  ; +**J  {0          [ 

TEBTfi 


REC'D  LD 


B71-1PM1S. 


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43579 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


